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The Nature of Inquisitorial Processes in Administrative Regimes: Global Perspectives (eBook)

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Edited by: Jacobs, Laverne, Sasha Baglay

ISBN13: 9781317023319
Published: September 2013
Publisher: Ashgate Publishing Ltd
Country of Publication: UK
Format: eBook (ePub)
Price: £79.17 + £15.83 VAT
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'Inquisitorial processes' refers to the inquiry powers of administrative governance and this book examines the use of these powers in administrative law across seven jurisdictions. The book brings together recent developments in mixed inquisitorial-adversarial administrative decision-making on a hitherto neglected area of comparative administrative process and institutional design. Reaching important conclusions about their own jurisdictions and raising questions which may be explored in others, the book's chapters are comparative. They explore the terminology and scope of the concept of inquisitorial process, justifications for the use of inquiry powers, the effectiveness of inquisitorial processes and the implications of the adoption of such powers. The book will set in motion continued dialogue about the inherent challenges of balancing policy goals, fairness, resources and institutional design within administrative law decision-making by offering theoretical, practical and empirical analyses.

This will be a valuable book to government policy-makers, administrative law decision-makers, lawyers and academics.

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Subjects:
Constitutional and Administrative Law, eBooks
Contents:
Introduction, Laverne Jacobs and Sasha Baglay

Part 1 Inquisitorial Hearing Processes in Administrative Law - Comparative Perspectives:
Pragmatism v policy: attitude of Australian courts and tribunals to inquisitorial process, Robin Creyke
From 'adversarial v inquisitorial' to 'active, enabling, and investigative': developments in UK administrative tribunals, Robert Thomas
Administrative justice and innovation: beyond the adversarial/inquisitorial dichotomy, Samantha Green and Lorne Sossin
Inquisitorial adjudication and mass justice in American administrative law, Michael Asimow
About the inquisitorial character of administrative litigation procedure in French law, Jean-Bernard Auby
Inquisitorial approaches to refugee protection decision making: the Australian experience and possible lessons for Canada, Gerald Heckman.

Part 2 EU Administrative Law and Polyjural Decision-Making:
Inquisitorial procedures and general principles of law: the duty of care in the case law of the European Court of Justice, Herwig Hofmann
Power and legitimacy in the European Union: administrative inspections and constitutional safeguards, Giacinto della Canavea.

Part 3 Truth Commissions and Public Enquiries I - Views of Commissioners:
Reflections on the public enquiry into paediatric forensic pathology in Ontario, Stephen T. Goudge
Reflections on the Braidwood Inquiry, Thomas R. Braidwood.

Part 4 Truth Commissions and Public Enquiries II - Observers' Reflections:
Public inquiries: independence is the key, Gus van Harten
Australian Royal Commissions and public inquiries: their use and abuse and proposals for reform, Scott Prasser
Home truths about Truth Commission processes - how victim-centred truth and perpetrator-focused adversarial processes mutually challenge assumptions of justice and truth, Jula Hughes.
Part 5 Hybrid Models of Oversight: Specialized Ombuds, Legislative Officers and Investigations: Evaluating ombuds oversight in the Canadian access to information context: a theoretical and empirical study, Laverne Jacobs
The evolution of the idiosyncrasy of the role of ombudsman/person in Canada, Nora Farrell
Evolving capacities: the BC representative for children and youth as a hybrid model of oversight and enhanced procedural fairness, Mary Liston

Index.