Judicial Review and Bureaucratic Impact: International and Interdisciplinary Perspectives

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Marc Hertogh, Simon Halliday
Cambridge University Press, Aug 19, 2004 - Law - 315 pages
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International scholars from political science and law/socio-legal studies present new research which focuses on the relationship between judicial review and bureaucratic behaviour. Individual chapters consider fundamental conceptual and methodological issues, in addition to presenting empirical case studies from various parts of the world: the United States, Canada, Australia, Israel, and the United Kingdom. This is a landmark text offering an international, interdisciplinary and empirical perspective on judicial review's impact on bureaucracies. It will significantly advance the research agenda concerning judicial review and its relationship to social change.
 

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Contents

Understanding judicial review and its impact
15
Conceptual issues in researching the impact of judicial review on government bureaucracies
43
Studying bureaucratic implementation of judicial policies in the United States conceptual and methodological approaches
76
International case studies
101
Impact studies in the United Kingdom
103
The politics of soft law how judicial decisions influence bureaucratic discretion in Canada
129
The operation of judicial review in Australia
161
Legalising the unlegaliseable terrorism secret services and judicial review in Israel 19702001
190
Implementing Court Orders in the United States Judges as executives
221
The future of judicial review and bureaucratic impact
249
Judicial review and bureaucratic impact the future of European Union Administrative Law
251
Judicial review and bureaucratic impact in future research
269
Bibliography
285
Index
302
Copyright

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About the author (2004)

Dr. Marc Hertogh is Associate Professor of Socio-Legal Studies at the Faculty of Law, Tilburg University, The Netherlands.

Dr Simon Halliday is Nicholas de B. Katzenbach Research Fellow at the Centre for Socio-Legal Studies at the University of Oxford.

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