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Traditionally The Issues Concerning The Exercise Of Administrative Powers By Public Authorities Were Considered A Type Of National Enclave. It Was The Responsibility Of The State To Ensure That Adequate Procedural Safeguards Were In Place To Prevent The Government From Interfering With The Rights Of Its Citizens. During The Last Few Decades, However, A Variety Of Sets Of Rules Regarding Procedural Due Process Has Developed To Govern The Conduct Of Those Public Authorities Who Operate On A Regional Or World Regulatory Footing, Such As The European Union And The World Trade Organization. Analysing The Procedural Due Process Requirements Applicable To Administrative Procedure Beyond The Borders Of The States, This Volume Demonstrates How Regional And Global Regulatory Regimes Impose Requirements That Are Strikingly Similar To Those Set Out By The Most Developed Legal Systems Of The World. The Book Argues That Such Requirements Of Administrative Procedure Are Justified Not Only By The Traditional Concerns For The Protection Of Individual Interests Against The Misuse Of Power By Public Authorities, But Also By Other Values, Such As Good Governance And Cooperation Between Public Authorities. Finally, The Book Conceptualizes Such Rules As Legal Requirements Which Arbitral Tribunals And Other Agencies Should Respect When Interpreting Standards Of Justice.
This volume investigates the evolution and justification of procedural due process requirements within international and regional regulatory regimes that operate beyond the traditional scope of the nation-state. Giacinto della Cananea, a scholar in administrative and comparative law, utilizes a comparative legal framework to examine how entities like the European Union and the World Trade Organization implement procedural safeguards. The author argues that these global standards are driven not only by the protection of individual rights but also by the functional requirements of good governance and inter-institutional cooperation.
What You Will Find
Scope Limits
Legal scholars and practitioners view this work as a significant contribution to the study of global administrative law. Experts frequently highlight the text's clarity in bridging the gap between national legal traditions and the emerging requirements of international regulatory bodies.
Page Count:
350
Publication Date:
2016-01-01
Publisher:
Oxford University Press
ISBN-10:
0191092614
ISBN-13:
9780191092619
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