Partnership with Nupej: Judicial Deference and Administration

Centre for American Legal Studies Nupej Page Image 350x263 - Judge with a gavel Academic partnership between the Nupej of Universidade Federal Fluminense and Centre for American Legal Studies of the Birmingham Law School

Coordinators:
Ricardo Perlingeiro; Anne Richardson Oakes

This is a research project to meet the new challenges in administrative justice, from a comparative perspective, with an emphasis on implementation and (judicial and extrajudicial) adjudication in environmental and healthcare cases.

Based on British experience with the primary administrative decision-making process (implementation), administrative tribunals (adjudication) and courts (judicial review), the goal is to foster a culture of higher quality primary administrative decision-making, to help improve the authorities’ image in terms of legitimacy and credibility and thereby reduce the citizens’ dissatisfaction and thus the number of claims filed in courts and tribunals.

Moreover, in case of disputes, the new culture would make it more likely for adjudicators to show deference to the administrative authorities in charge of implementation and lead to greater acceptance of “alternative means of dispute resolution” (such as settlements, mediation and arbitration). Legal training and advanced specialized (environmental and healthcare) qualifications should be a decisive factor in the selection of civil servants with decision-making powers.

The project will foster joint research and PhD supervision in selected areas of administrative decision-making. It will support staff-student exchanges and joint workshops and colloquia. An inaugural conference on environmental decision-making will be hosted by CALS in conjunction with UKELA.