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Analysing both national and transnational processes, this volume offers an integrated viewpoint of the principles governing the procedural due process requirements of regional and global regulatory regimes.
List of contents
- 1: Administrative Justice: A Transnational Perspective
- Part I - Requirements of Administrative Due Process
- 2: The Requirement to Carry Out a Procedure
- 3: Audi Alteram Partem
- 4: The Giving Reasons Requirement
- Part II - The Rationales for Due Process Requirements
- 5: Variety of Rationales for Due Process Requirements
- 6: Dignity and Participation
- 7: Sound Administration and Cooperation
- Part III - A Theory of Administrative Due Process Beyond the State
- 8: Administrative Due Process: A Conceptual Analysis
- 9: Administrative Due Process as a General Principle of Public Law
- 10: Administrative Due Process as a General Principle of Public Law
About the author
Giacinto della Cananea is Professor of Administrative law and EU Administrative Law at the University of Rome "Tor Vergata ". Professor della Cananea is a founding member of the steering committee of RENEUAL, the network on EU administrative law and was formerly a Visiting Professor at Yale Law School. He is interested in how different legal systems evolve when facing similar problems and how they interact with each other either directly or through regional and global regimes.
Summary
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.
Additional text
What is striking about this well-focused book is that it evinces little need to comment on other scholarly efforts, or to quibble with terminology, but instead confidently distills a coherent vision which is obviously the fruit of much research, and gives clear indications of the concrete effects on the decision-making process that would flow from acceptance of this vision. The result is a volume which is likely to help and influence readers who are confronted with specific questions.
