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Administrative Justice Fin de siècleEarly Judicial Standards of Administrative Conduct in Europe (1890-1910)$
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Giacinto della Cananea and Stefano Mannoni

Print publication date: 2021

Print ISBN-13: 9780198867562

Published to Oxford Scholarship Online: March 2021

DOI: 10.1093/oso/9780198867562.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 14 June 2021

Judicial Review of Administrative Action (1890–1910): A Brief Comparison between the Austro-Hungarian and the German Empires

Judicial Review of Administrative Action (1890–1910): A Brief Comparison between the Austro-Hungarian and the German Empires

Chapter:
(p.246) 9 Judicial Review of Administrative Action (1890–1910): A Brief Comparison between the Austro-Hungarian and the German Empires
Source:
Administrative Justice Fin de siècle
Author(s):

Luca De Lucia

Publisher:
Oxford University Press
DOI:10.1093/oso/9780198867562.003.0009

In this brief chapter some reflections of a comparative nature between the Austrian legal order and some state systems of the German Empire are presented regarding the standards of judicial review adopted between 1890 and 1910. The comparison is based primarily on the research works of Angela Ferrari Zumbini and Lilly Weidemann, which, after a general introduction to the subject in the different legal orders, present a series of judgments issued by the administrative courts of last instance in that period. This chapter outlines the common and distinctive features of the review conducted by these courts before examining whether, and in what ways, this case law has contributed to the formation of general principles and rules of conduct for public administrations.

Keywords:   Austro-Hungarian Empire, German Empire, administrative court, enumerative system, Verwaltungsgerichtshof, Oberverwaltungsgericht, judicial competence, limits to judicial review, aim of the judicial review, discretionary powers

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