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The Rule of Law and Administrative Justice

  • Administrative justice and the rule of law have often been in tension. However, they have converged over time as the scope of administrative justice and the conceptions of the rule of law have shifted. This chapter starts with the historical connections between administrative justice and the rule of law. It then maps ways in which the rule of law is expressed when ad-ministrative justice is embedded within administrative organization and when it is organized as a system external to the administration. This approach highlights the diversity of technical solutions to recurring questions across three major administrative systems (namely England, France, and the United States). This analysis also leads to highlighting two new challenges for the rule of law: first, how the rule of law responds to various forms of increasing administra-tive repression, and second, how the rule of law responds to globalization at a time when no coherent global administrative justice system exists.

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Author:Yseult Marique
Parent Title (German):The Oxford Handbook of Administrative Justice
Publisher:Oxford University Press
Place of publication:New York, NY
Editor:Marc L. M. Hertogh, Richard Kirkham, Robert Thomas, Joe Tomlinson
Document Type:Part of a Book
Year of Completion:2022
Publishing Institution:Deutsches Forschungsinstitut für öffentliche Verwaltung
Release Date:2023/01/09
First Page:305
Last Page:328
Licence (German):License LogoUrheberrechtlich geschützt