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Start Over Descriptor "JUDICIAL oversight" Topic judicial review
5 results on '"JUDICIAL oversight"'

2. Judicial Oversight and Minimization Procedures.

Author

Liu, Edward C. and Doyle, Charles

Subjects
PATRIOT Act of 2001, JUDICIAL oversight, LEGISLATIVE oversight, JUDICIAL review
Abstract

The article reports on safeguards used by the U.S. Congress to protect against abuse of the new authority established by the USA PATRIOT Act including congressional oversight, judicial oversight, and minimization process. Topics include the additional reporting requirements implemented when the Congress reauthorized many USA PATRIOT Act provisions, and the individuals' direct access to judicial review that was addressed by the U.S. Congress.

Published
2015

3. REGULATORY HIDE AND SEEK: WHAT AGENCIES CAN (AND CAN'T) DO TO LIMIT JUDICIAL REVIEW.

Author

Clark, Bryan and Leiter, Amanda C.

Subjects
*JUDICIAL oversight, *GOVERNMENT agencies, *CONSTITUTIONAL law, *JURISDICTION, *JUDICIAL review, *GOVERNMENT regulation
Abstract

Many authors discuss judicial oversight of agency actions. Our subject, which is less well examined, is agencies' role in modulating that oversight. We consider cases in which the timing or form of an agency action has curtailed judicial review of the agency's policy choices. In some such cases, the agency's choice of form deprived the court of statutory or Article III jurisdiction. In others, the court chose to delay or deny review to avoid interfering with agency policy development. Despite these differences, though, all such "reviewability" cases pose important constitutional questions about the degree to which an agency should be able to limit judicial oversight of its activities. We argue that courts pay too little attention to these questions, and we propose a more systematic framework for evaluating the constitutional implications of allowing an agency to modulate the availability of judicial review by manipulating the structure of its actions. [ABSTRACT FROM AUTHOR]

Published
2011

4. Judicial oversight of surveillance: the case of Ireland in comparative perspective

Author

T. J. McIntyre

Subjects
Surveillance, Digital Rights Ireland, Human rights, Judicial review, media_common.quotation_subject, Warrant, 05 social sciences, Data retention, Judicial oversight, Judicial activism, Economic Justice, language.human_language, Convention, Irish, Privacy, Interception of communications, Law, Political science, 050501 criminology, language, Digital rights, media_common.cataloged_instance, European union, 0505 law, media_common
Abstract

This chapter examines how judicial oversight can regulate state surveillance, with a particular focus on Irish, European Convention on Human Rights (ECHR) and European Union (EU) law.It begins by considering the general arguments for judicial oversight and the types of oversight structures which can be used, from ex ante authorisation to ex post review and the variants in between.It then examines the extent to which Irish, ECHR and EU law require judicial oversight in particular circumstances - particularly in light of the landmark decision of the Court of Justice in Digital Rights Ireland v. Minister for Communications invalidating the Data Retention Directive.Next, it takes as a case study the Irish experience of data retention and discusses how judicial oversight of data retention has operated and why it has failed to secure the rights of the individual.It concludes with suggestions for improving the effectiveness of judicial oversight surveillance.

Published
2016
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5. Bulgaria Judicial Performance, Caseload and Expenditure Review (2008-2014)

Author

World Bank

Subjects
DISPOSITIONS, JUDICIAL STATISTICS, BUDGET, ASSET, FINANCING, COURT RESTRUCTURING, JUDICIAL POSITIONS, BENEFIT, CRIMES, ESTATE, JUDICIAL BRANCH, DISMISSAL, RESTRUCTURING PLAN, RESIGNATION, ECONOMIC STAGNATION, LEGALITY, JUDICIAL STAFF, RULE OF LAW, ADMINISTRATIVE COURT, ARBITRATION, JUDICIAL REVIEW, CRIME, JUSTICE SYSTEM, INSTITUTIONAL FRAMEWORK, JURISDICTION, GUARANTEE, JUDICIAL DISTRICTS, ASSETS, LEGAL ENTITIES, JUDICIAL PERFORMANCE, COURT STATISTICS, REORGANIZATION, COURT OF APPEAL, COURT SYSTEM, CASES, CLAIMANTS, ADMINISTRATION OF JUSTICE, SUBSIDIES, WAGES, LEGAL CHANGES, AUDIT OFFICE, JUDICIAL COUNCIL, COURT FILING, JUDICIAL SYSTEMS, RESTRUCTURING, PROSECUTORS, JUDICIAL INSTITUTIONS, JUDICIAL SERVICES, JUVENILE JUSTICE, JUDGES, GUARANTEES, IMMOVABLE PROPERTIES, HUMAN RIGHTS, SOCIAL SECURITY, PAYMENTS, CLAIMS, PROPERTY, TITLE, COURT, JURISDICTIONS, NATIONAL BANK, INSUFFICIENT FUNDS, ENFORCEMENT, JUDICIAL ASSISTANCE, RESEARCH, JUDICIAL SECTOR, PROPERTIES, JUDGMENTS, LEGAL AID, DOMICILE, COURT PROCESSES, INVESTIGATORS, BUDGETS, WILL, SALARY, JUDICIARY, JUDGE, DISTRICT COURTS, ACCESS TO JUSTICE, LEGAL ASSISTANCE, ALLOCATION OF FUNDS, JUDICIAL BODIES, JUDICIAL POWER, MILITARY COURTS, PENALTIES, POLICE, JUSTICE, ORGANIZATION OF COURTS, JUDICIAL REFORM, EXCHANGE RATE, CONSTITUTIONAL COURT, CRIMINAL, COURTS, QUALITY OF JUSTICE, GOOD GOVERNANCE, OFFENCES, CAPITAL GOODS, FAIR TRIAL, LEGAL PERSONS, REGULATORY REFORMS, REGULATIONS, AGENCIES, COURT SYSTEMS, LEGISLATION, COURT HEARING, PERFORMANCE OF JUDICIARY, JUDICIAL OVERSIGHT, JUDICIAL SYSTEM, JUDICIAL RESOURCES, EQUITABLE DISTRIBUTION, ACCOUNTANT, RESTRUCTURING PROCESS, ADMINISTRATIVE COURTS, DISPOSITION, SALARIES, MAGISTRATES, CORRUPTION, LEGAL FRAMEWORK, CRIMINAL CASES, SUBSIDY, LAWS, APPELLATE COURTS, EXISTING LAW, JUDICIAL AUTHORITIES, EU, RESTRUCTURING PROGRAM, LAW
Abstract

The World Bank published a Public Expenditure and Institutional Review (PEIR) of the Bulgarian justice sector entitled “Resourcing the Judiciary for Performance and Accountability: A Judicial Public Expenditure and Institutional Review” in 2008. The objective of the present study is to conduct an assessment of the spending and institutional changes in Bulgaria’s judiciary from 2008 onwards. The current report examines the principal trends in resourcing Bulgaria’s judiciary since 2008, while comparing the expenditure and judicial performance with those of other European countries. The report provides a set of conclusion and recommendations for improving the efficiency and effectiveness of Bulgaria’s judiciary and the judicial budget process.

Published
2015

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