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Making social security law :
Buck, Trevor
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- 도서 상세정보
| 자료유형 | 단행본 |
|---|---|
| 개인저자 | Buck, Trevor Bonner, David Sainsbury, Roy |
| 서명/저자사항 | Making social security law :the role and work of the social security and child support commissioners:Trevor Buck, David Bonner, Roy Sainsbury. |
| 발행사항 | Aldershot, Hants, England;Burlington, VT :Ashgate,c2005. |
| 형태사항 | ix, 249p :ill. ;24cm. |
| ISBN | 0754643816 |
| 서지주기 | Includes bibliographical references (p. [239]-245) and index |
| 내용주기 | The commissioners and the development and nature of their jurisdiction -- The decision-making and appellate process -- Access to justice -- Making law : constructing case law -- The accountability of the commissioners -- Evaluating the commissioners. |
| 주제명(단체명) | Great Britain.Social Security and Child Support Commissioner |
| 일반주제명 | Social security courts -- Great Britain Administrative remedies -- Great Britain Examiners (Administrative procedure) -- Great Britain Child support -- Law and legislation -- Great Britain |
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목차 일부
List of Tables and Figures Vii
Preface Viii
Acknowledgements X
List of Abbreviations Xi
Chapter 1 Introduction and Overview
Introduction = 1
Who Are The Commissioners and What Do...
Preface Viii
Acknowledgements X
List of Abbreviations Xi
Chapter 1 Introduction and Overview
Introduction = 1
Who Are The Commissioners and What Do...
목차 전체
List of Tables and Figures Vii
Preface Viii
Acknowledgements X
List of Abbreviations Xi
Chapter 1 Introduction and Overview
Introduction = 1
Who Are The Commissioners and What Do They Do? = 3
The Research Project Methods = 6
The Context and Importance of The Research = 10
Informative Theories of Dispute Resolution and Adjudication = 18
Chapter 2 The Commissioners and The Development and Nature of Their Jurisdictions
Introduction = 27
Social Security Adjudication: The Ancestry, and Establishment, of The Commissioners in 1948 = 27
Existing Models of Social Security Adjudication: The Choice of 'umpire' = 28
The Exclusion of The Courts = 36
From Past to Present: Some Recurring Themes = 39
Changes in Title and Jurisdiction Since 1948 = 40
A Changing Workload = 47
The Role of The Commissioners and The Perceived Relevance of The Background of Those Holding Office = 50
The Commissioners' Remuneration = 58
The Importance of This Historical Perspective = 59
Chapter 3 The Decision-making and Appellate Process
Introduction = 60
Departmental Decision Making = 61
Appeals Service (as) Tribunal-level Decision Making = 65
Commissioner-level Decision Making = 71
Appeals to The Commissioners = 80
Determinations of Commissioners on Leave to Appeal to An Appellate Court = 92
Original Jurisdiction: The Forfeiture Rule = 96
The Legal Officers = 97
Evaluation: The Appellate Process in Transition = 103
Chapter 4 Access to Justice
Introduction = 112
Motivation to Appeal and Conceptions of Justice = 113
Access to The Commissioners = 116
The Experience of Appealing = 120
Representation and Self-representation = 126
Summary and Discussion ? Creating a 'commissioners for Users' = 133
Chapter 5 Making Law: Constructing Case Law
Introduction = 137
Law Reporting and The Doctrine of Judicial Precedent = 138
Formal Rules about Reporting Commissioners' Decisions: Availability and 'reported' Status = 141
The Select Committee's Inquiry and The Availability of Commissioners' Decisions = 147
Availability of Decisions and According 'reported' Status: The Commissioners' Practice Observed = 148
Other Tribunal Jurisdictions = 158
Evaluation of Commissioner Reforms on 'reporting' = 160
Tribunal Reform and Reporting = 161
The Reporting Model for a Reformed Tribunal Sector? = 163
Chapter 6 Accountability of The Commissioners
Introduction and Overview = 167
The Importance of Reasoned, Published Decisions = 168
Supervision and Correction by The Courts Through Review and Appeal = 171
The Role of The Lord Chancellor = 180
The Council on Tribunals = 182
Scrutiny by The House of Commons' Select Committee on Social Security = 187
The Leggatt Review Intervention = 191
The Expectations of The Peer Group ? 'collegiality' = 197
User Groups = 199
The Quality of Statistical Information = 201
Evaluation: The Future of Accountability and The Commissioners The Tribunal Reform Programme = 203
Chapter 7 Evaluating The Commissioners
Introduction = 208
Evaluation Against a Changing Context = 209
Major Improvements in Response to Criticisms = 210
Perceptions of The Commissioners by The Tribunal Users = 213
Commissioners and Models of Justice = 216
Future Prospects = 226
Appendices
Appendix 1 Interview Topic Guide for Commissioners = 230
Appendix 2 Interview Topic Guide for Appellants = 231
Appendix 3 List of Commissioners = 233
Appendix 4 Prefix Definition of Osscsc Case Reference Numbers = 235
Appendix 5 The Publication and Citation of Commissioners' Decisions = 236
Appendix 6 The Timetable for Tribunal Reform in The Government's White Paper = 238
Bibliography = 239
Index = 246
Preface Viii
Acknowledgements X
List of Abbreviations Xi
Chapter 1 Introduction and Overview
Introduction = 1
Who Are The Commissioners and What Do They Do? = 3
The Research Project Methods = 6
The Context and Importance of The Research = 10
Informative Theories of Dispute Resolution and Adjudication = 18
Chapter 2 The Commissioners and The Development and Nature of Their Jurisdictions
Introduction = 27
Social Security Adjudication: The Ancestry, and Establishment, of The Commissioners in 1948 = 27
Existing Models of Social Security Adjudication: The Choice of 'umpire' = 28
The Exclusion of The Courts = 36
From Past to Present: Some Recurring Themes = 39
Changes in Title and Jurisdiction Since 1948 = 40
A Changing Workload = 47
The Role of The Commissioners and The Perceived Relevance of The Background of Those Holding Office = 50
The Commissioners' Remuneration = 58
The Importance of This Historical Perspective = 59
Chapter 3 The Decision-making and Appellate Process
Introduction = 60
Departmental Decision Making = 61
Appeals Service (as) Tribunal-level Decision Making = 65
Commissioner-level Decision Making = 71
Appeals to The Commissioners = 80
Determinations of Commissioners on Leave to Appeal to An Appellate Court = 92
Original Jurisdiction: The Forfeiture Rule = 96
The Legal Officers = 97
Evaluation: The Appellate Process in Transition = 103
Chapter 4 Access to Justice
Introduction = 112
Motivation to Appeal and Conceptions of Justice = 113
Access to The Commissioners = 116
The Experience of Appealing = 120
Representation and Self-representation = 126
Summary and Discussion ? Creating a 'commissioners for Users' = 133
Chapter 5 Making Law: Constructing Case Law
Introduction = 137
Law Reporting and The Doctrine of Judicial Precedent = 138
Formal Rules about Reporting Commissioners' Decisions: Availability and 'reported' Status = 141
The Select Committee's Inquiry and The Availability of Commissioners' Decisions = 147
Availability of Decisions and According 'reported' Status: The Commissioners' Practice Observed = 148
Other Tribunal Jurisdictions = 158
Evaluation of Commissioner Reforms on 'reporting' = 160
Tribunal Reform and Reporting = 161
The Reporting Model for a Reformed Tribunal Sector? = 163
Chapter 6 Accountability of The Commissioners
Introduction and Overview = 167
The Importance of Reasoned, Published Decisions = 168
Supervision and Correction by The Courts Through Review and Appeal = 171
The Role of The Lord Chancellor = 180
The Council on Tribunals = 182
Scrutiny by The House of Commons' Select Committee on Social Security = 187
The Leggatt Review Intervention = 191
The Expectations of The Peer Group ? 'collegiality' = 197
User Groups = 199
The Quality of Statistical Information = 201
Evaluation: The Future of Accountability and The Commissioners The Tribunal Reform Programme = 203
Chapter 7 Evaluating The Commissioners
Introduction = 208
Evaluation Against a Changing Context = 209
Major Improvements in Response to Criticisms = 210
Perceptions of The Commissioners by The Tribunal Users = 213
Commissioners and Models of Justice = 216
Future Prospects = 226
Appendices
Appendix 1 Interview Topic Guide for Commissioners = 230
Appendix 2 Interview Topic Guide for Appellants = 231
Appendix 3 List of Commissioners = 233
Appendix 4 Prefix Definition of Osscsc Case Reference Numbers = 235
Appendix 5 The Publication and Citation of Commissioners' Decisions = 236
Appendix 6 The Timetable for Tribunal Reform in The Government's White Paper = 238
Bibliography = 239
Index = 246
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