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From Blogger

Administrative Independence: the Importance of Security of Tenure

Independence of administrative decision-makers is a variable concept, as Richard Revesz and Kirti Datla remind us: Structural differences between agencies result in different levels of independence. Seven structural features are traditionally associated with agency independence: removal protection, specified tenure, multimember structure, partisan balance requirements, litigation authority, budget and congressional communication authority, and adjudication authority. Some […] Read more

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Values, Rights and Remedies

Here is a radical suggestion from a 1997 essay by Peter Cane: “public law claimants should be free to specify the result they want to achieve by their claim and ask the court to provide an appropriate remedy”. The suggestion seems radical because courts sometimes tend to treat public law remedies as rather inflexible. Things […] Read more

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A New Blog on Administrative Justice

I previously mentioned Unjust by Design, an excellent book on administrative justice by Ron Ellis. The book was recently shortlisted for the prestigious Donner Prize. Ron now has a website and blog, Administrative Justice Reform, on which he discusses various aspects of administrative justice. His recent series of posts on the restructuring of federal tribunals […] Read more