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학술저널

영국의 行政救濟制度

Administrative Litigation System in England

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In this study, it is proposed to consider the remedies from administrative actions in Egland. By doctrines of rule of law, which were established Glorious Evolution and have played a role as essential part of English Constitution to present time, legal controls of administrative power have been exercising through the ordinary court of law, and judges in ordinary courts have not been in favour of an administrative court as a part of administrative agencies. But in this century, according to the development of Welfare State, many kind of social statutes have been passed by parliament, and administrative law and administrative tribunals have gradually appeared in the ground of social welfare, control of industry, compulsory purchase of land and so on. These inclinations have shaken the foundations of the supremacy of ordinary court of law. The Report of Donoughmore Committee(1932), and of the Franks Committee(1957) were proposed in order to investigate the various function, construction and proceeding of this many administrative agencies and to recommend the methods of the resolution of complexity between supremacy of laws and enlargment of administrative powers.

제1장 序說

제2장 行政審判制의 發展

제3장 行政審判節次의 統一化의 경향

제4장 司法審査制의 成立과 發展

제5장 現代司法審査制의 基本的 問題

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