The third report suggests that there is a ‘third way’ and the article examines the principle of ‘triage plus’ and the ways in which this principle could promote informed choice. The first of these reports adopts a ‘top‐down’ approach in which procedural judges allocate cases to one of the three streams in terms of the size of the claim, its complexity and its importance while the second report takes a ‘bottom‐up’ approach in which complainants decide what sort of remedy they want and, thus, what set of procedures they should use. Housing: proportionate dispute resolution – issues paper, London: Law Commission. Available from: View all references) and the Law Commission's Issues Paper on ‘Proportionate Dispute Resolution in Housing’ (20069. Transforming public services: complaints, redress and tribunals, Cm 6243, London: HMSO. Available from: View all references), the Department of Constitutional Affairs' White Paper on ‘Complaints, Redress and Tribunals’ (20045.ĭepartment of Constitutional Affairs. Access to justice: final report, London: Lord Chancellor's Department.
Available from: View all references and 199619. Access to justice: interim report, London: Lord Chancellor's Department. This article compares the ways in which the idea of proportionate dispute resolution has been dealt with in three recent reports: Lord Woolf's Reviews of the Civil Justice System (199518. The article presents an analysis of the characteristics of French administrative justice as a problem-solving justice and questions the limits of this approach and its future evolution. Yet there are also many tools that allow the judges to solve the problems through their court decisions. Many of these tools and practices concern the implementation of alternatives to judgments that allow the parties to find an amicable solution, often with the help of the administrative judges. The article investigates how the intervention of the French legislator and administrative case law have gradually developed legal tools and practices aimed at solving problems. The question may arise however, whether this is also the case in the field of administrative justice, which has a specific purpose directing it to verify whether the decisions of public administrations are legal and to quash them when they are not. France has a culture of problem-solving justice that is particularly evident in the field of criminal justice.
0 kommentar(er)
