Download or read book Understanding Public Law written by Gabriele Ganz and published by Fontana Press. This book was released on 1987 with total page 132 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Public Law Toolbox written by Mai Chen and published by . This book was released on 2014-12 with total page 1166 pages. Available in PDF, EPUB and Kindle. Book excerpt: All New Zealanders have to interact with government, whether due to business regulation, getting government assistance, or administrative decision-making concerning licenses, or allocation of government funding. But not all citizens and businesses know how to successfully work with government, or how to challenge a government decision on a matter of administration, or policy, or Parliamentary decisions on law-making which detrimentally affects them. This second edition levels the playing field for those dealing with government. It is an outsider's guide to the insider's view of government. There is an entire "Toolbox" of public law mechanisms that sit alongside traditional commercial law remedies, which can help citizens and businesses successfully resolve government, regulatory or policy and law reform issues. Ministers, officials and regulators have unique obligations to be transparent and to act within the lawful limits of exercising public power. There is also a range of options apart from the courts to challenge government decision-making. The Public Law Toolbox will assist those wanting to influence policy and law reform issues for business, not for profit or democratic reasons by describing the tools available and how to use them for greatest effectiveness. It will also assist those wanting to resolve disputes concerning administrative and government decision-making, and advise businesses on how to use the toolbox to resolve disputes with competitors. The book will assist governments and officials to understand their unique legal, transparency and accountability obligations and the risks that they face, taking political and public opinion factors into account.

Download or read book Decision Making by the Modern Supreme Court written by Richard L. Pacelle, Jr and published by Cambridge University Press. This book was released on 2011-06-13 with total page 279 pages. Available in PDF, EPUB and Kindle. Book excerpt: There are three general models of Supreme Court decision making: the legal model, the attitudinal model and the strategic model. But each is somewhat incomplete. This book advances an integrated model of Supreme Court decision making that incorporates variables from each of the three models. In examining the modern Supreme Court, since Brown v. Board of Education, the book argues that decisions are a function of the sincere preferences of the justices, the nature of precedent, and the development of the particular issue, as well as separation of powers and the potential constraints posed by the president and Congress. To test this model, the authors examine all full, signed civil liberties and economic cases decisions in the 1953–2000 period. Decision Making by the Modern Supreme Court argues, and the results confirm, that judicial decision making is more nuanced than the attitudinal or legal models have argued in the past.

Download or read book Quality of Decision making in Public Law written by and published by . This book was released on 2007 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book American Bureaucracy written by Glen O. Robinson and published by University of Michigan Press. This book was released on 1991 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: A critical synthesis of social theory about government, bureaucracy, and law

Download or read book Law in Environmental Decision making written by Tim Jewell and published by Oxford University Press. This book was released on 1998 with total page 338 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of essays adopts a distinctive approach to environmental legal issues. The contributors represent a variety of specialisations, ranging from public law to international law and international relations. Some essays are written from within a UK domestic law perspective, butothers adopt a broadly comparative, supra-national or international approach.The contributors do not assume that problems and solutions in 'environmental law' should be perceived as wholly distinct from the preoccupations of existing legal specialisms. New and proposed legal responses inevitably build on or employ established legal techniques, rather than startingcompletely afresh. The contributors do however, regard environmental problems as posing or at least illuminating significant challenges to received patterns of legal thought. In the light of this, the contributors therefore investigate aspects of law's influnce in environmental decision-making, andconsider whether legal institutions and forms of thought can respond adequately to the challenge of environmental change.

Download or read book The Rule of Law and Automated Decision Making written by Markku Suksi and published by Springer Nature. This book was released on 2023-07-24 with total page 222 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book presents observations concerning automated decision-making from a general point of view at the same time as it analyses the manner in which praxis in some jurisdictions has evolved as concerns automated decision-making and how the requirements that are placed by the legal orders on it are formulated. The principle of the rule of law should apply in the context of automated decision-making of public authorities just as much as when the decision-makers are physical persons. In sync with increasing automatization of decision-making in public authorities, problematizing questions about the appropriate legal basis for algorithmic decision-making have started emerge. How should the principle of the rule of law apply within the area of automated decision-making, how should automated decision-making be regulated so that it satisfies the requirements created by the principle of the rule of law, and how should the principle of the rule of law be made concrete in decision-making that is based on algorithms? The proposal for an AI Act launched by the European Commission in April 2021, including an identification of high-risk uses of algorithmic techniques, raises further questions concerning practices and interpretations related to automated decision-making. The state based on the rule of law proceeds from the maxim that public powers are exercised within a legal frame that makes the exercise of public powers foreseeable in light of legal norms. Also, a state based on the rule of law requires that the contents of the exercise of public powers is regulated by legal norms, which means that the citizens must be able to know everything that is relevant about how the powers will be exercised, not only who it is that will exercise the powers. Because of rules and principles of this kind, including non-discrimination and proportionality, the exercise of powers will not become arbitrary.

Download or read book Protection of Natural Persons with Regard to Automated Individual Decision Making in the GDPR written by Aleksandra Drożdż and published by Kluwer Law International B.V.. This book was released on 2020-03-09 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: Increasingly, algorithms regulate our lives. Personal data is routinely processed on an unprecedented scale in both private and public sectors. This shift from more subjective and less structured human decision-making processes to automated ones has provoked numerous concerns with regard to the rights and freedoms of natural persons affected. In particular, those attached to profiling that can lead to discrimination influencing crucial opportunities of individuals, such as the ability to obtain credit, insurance, education, a job or even medical treatment. To the extent that automated individual decision-making is based on personal data, in the European Union it is subject to the General Data Protection Regulation. The author examines whether this legislative act affords sufficient protection of natural persons with regard to such processing, identifying the loopholes that hinder or prevent its efficacy and the de lege lata rules and de lege ferenda postulates that could provide individuals with effective protection in relation to automated individual decision-making. She provides an in-depth analysis of such aspects as the following: the GDPR’s background, terminology and material and territorial scope of application; key concerns regarding automated individual decision-making; specific and general provisions of the GDPR relevant to protection of natural persons with regard to automated individual decision-making; special and general rights of the data subject relevant to automated individual decision-making provided for in the GDPR; key limitations to algorithmic transparency; how profiling can create special categories of personal data by inference from ‘ordinary’ personal data; and how the version of reality derived from personal data is often at least partially inaccurate. To interpret the rules of the GDPR, the analysis draws on the travaux préparatoires, case law of the Court of Justice of the European Union and national courts that concerns the previous Data Protection Directive, guidelines and opinions of the Article 29 Working Party and the European Data Protection Board, various reports and recommendations and numerous academic writings. In its consideration of some of the most controversial issues in the realm of personal data protection – issues whose role in the information society will grow rapidly – this book represents a major contribution to research and legal guidance at the confluence of law and new technologies concerning algorithmic accountability. Policymakers, regulators and lawyers active in the ongoing development of personal data protection law will become knowledgeable about interpretations and guidelines formulated by European data protection authorities, as well as examples and best practices in the field. Moreover practitioners will find the implementation of automated individual decision-making systems in accordance with the GDPR greatly facilitated. The analysis will assist data protection authorities and judicature in assessing such systems and interpreting the GDPR framework with regard to protection of natural persons in the years to come.

Download or read book Law and Public Choice written by Daniel A. Farber and published by University of Chicago Press. This book was released on 2010-07-15 with total page 170 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Law and Public Choice, Daniel Farber and Philip Frickey present a remarkably rich and accessible introduction to the driving principles of public choice. In this, the first systematic look at the implications of social choice for legal doctrine, Farber and Frickey carefully review both the empirical and theoretical literature about interest group influence and provide a nonmathematical introduction to formal models of legislative action. Ideal for course use, this volume offers a balanced and perceptive analysis and critique of an approach which, within limits, can illuminate the dynamics of government decision-making. “Law and Public Choice is a most valuable contribution to the burgeoning literature. It should be of great interest to lawyers, political scientists, and all others interested in issues at the intersection of government and law.”—Cass R. Sunstein, University of Chicago Law School

Download or read book Public Law and Public Administration written by Phillip J. Cooper and published by . This book was released on 1988 with total page 538 pages. Available in PDF, EPUB and Kindle. Book excerpt: The premise of this text for students of law and public management is that public law problems confronting public managers are not only legal, but are also administrative and political. Cooper (U. of Vermont) discusses, for example, the administrative justice system, legal research, judicial policymaking, agency rulemaking, administrative adjudication, informal process, administrative discretion, information policy, and public employees. Case studies are found in the appendices. c. Book News Inc.

Download or read book Administrative Law and Government Action written by Hazel Genn and published by Oxford University Press, USA. This book was released on 1994 with total page 404 pages. Available in PDF, EPUB and Kindle. Book excerpt: Administrative Law and Government Action offers a new collection of essays on important and often contentious aspects of administrative law: the propriety of judicial intervention in government, for example, and the implications of our membership of the European Union. The individual contributions are informed by a wide variety of theoretical perspectives, and are drawn together by certain common themes: the constitutional role of judicial review, its efficacy as a mechanism for the regulation of government decision-making, and the scope and impact of alternative mechanisms, such as tribunals, administrative reviews and ombudsmen. All chapters address issues of current significance and, while some develop a broad conceptual analysis, others rely on a more internal critique. Each contributor sets out both to provide an accessible synthesis of existing literature and to develop his or her own critical approach. Considerable emphasis is also placed on the results of relevant empirical research where available. The volume falls into two parts. Part I is concerned primarily with judicial review and its appropriate constitutional role, while Part II discusses alternative mechanisms for the regulation of government action.

Download or read book Quasi Judicial Handbook written by David W. Owens and published by Unc School of Government. This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: As its name suggests, a quasi-judicial decision is like a court decision in several important ways. It requires the deciding board to use its judgment in applying general law to a particular land use situation while ensuring the constitutional due process rights of the parties. This handbook is designed as a guide for boards making development regulation decisions through the quasi-judicial process. The discussion covers the process prior to, during, and after the evidentiary hearing as well as the decision itself. Other topics include the board of adjustment, variances, special use permits, certificates of appropriateness, appeals of zoning determinations, and judicial review. A package of 5 books is available for a discounted price for those looking to purchase copies for their entire board.

Download or read book Public Law and Decision Making written by Patrick Monahan and published by . This book was released on 1992 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Exploring Administrative Decision Making in Public Education written by Beth Godett and published by Springer Nature. This book was released on with total page 182 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Rush to Policy written by Roger Shull and published by Routledge. This book was released on 2017-07-05 with total page 231 pages. Available in PDF, EPUB and Kindle. Book excerpt: Rush to Policy explores the appropriate role of technical analysis in policy formation. The authors ask when and how the use of sophisticated analytic techniques in decision making benefits the nation. They argue that these techniques are too often used in situations where they may not be needed or understood by the decision maker; where they may not be able to answer the questions raised but are nonetheless required by the law. House and Shull provide an excellent empirical base for describing the impact of politics on policies, policy analysis, and policy analysts. They examine cost benefit analysis, risk analysis, and decision analysis, and assess their ability to substitute for the current decision making process in the public sector. They examine the political basis of public sector decision making, how individuals and organizations make decisions, and the ways decisions are made in the federal sector. Also they discuss the mandate to use these methods in the policy formulation process. The book is written by two practicing federal policy analysts who, in a decade of service as policy researchers, developed sophisticated quantitative analytic and decision-making techniques. They then spent several years trying to use them in the real world. Successes and failures are described in illuminating detail, providing insight not commonly found in such critiques. The authors delineate the interaction of politics and technical issues. Their book describes policy analysis as it is, not how it ought to be.

Download or read book Decision Making in the U S Courts of Appeals written by Frank B. Cross and published by Stanford University Press. This book was released on 2007 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book studies the decisions of the United States circuit courts and their grounding in law and judicial ideology.

Download or read book Environmental Public Policy Making Exposed written by Cynthia H. Stahl and published by Springer Nature. This book was released on 2019-11-16 with total page 210 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book exposes the barriers to inclusive and effective public policy making, which are the current decision making paradigm and commonly held ideas that reduce public policy problems to scientific and technical ones. Through both environmental policy and other decision making examples, readers are shown the commonalities of all decision making. Solution-oriented practitioners and stakeholders will find this book filling a conceptual and methodological gap in existing policy literature and practice. The authors deftly guide readers from post-normal science, wicked problems, and uncertainty concepts to a conceptually-grounded, practical implementation of a new approach, the open solution approach. The Multi-criteria Integrated Resource Assessment (MIRA) is described as the first generation methodology that fulfills the expectations for the inclusive, transparent, and learning-based open solutions approach. MIRA is a holistic package of concepts, methods and analytical tools that is designed to assess Decision Uncertainty, the combined uncertainties that include data, problem formulation, expert judgments, and stakeholder opinions. Introduction of the Requisite Steps, the common steps found in all decision making, provides the yardstick for evaluating a variety of decision making processes, decision tools, and commonly found indices such as the Dow Jones Industrial Average or the Newsweek Green Ranking of corporations. The use of anecdotes, policy stories, and case examples makes this a very readable and practical book for citizens and experts. With this book, readers are prepared to critically evaluate these common indices for their personal use as well as challenge policy processes as a stakeholder. For policy practitioners, this guidebook will become a rubric to ensure an effective public policy making process and to critically evaluate decision support tools.