tailieunhanh - THE APPEAL OF INTERNAL REVIEW Law, Administrative Justice and the (non-) emergence of disputes

This book is born out of a discussion at the Socio-Legal Studies Association annual conference in 1999 (in Loughborough) between Dave Cowan, Caroline Hunter and Simon Halliday. We all had an interest in homelessness, law, administrative justice and decision-making, and had a background in researching these issues. In particular, Dave had done some early work about informal internal appeal systems which had been developed in the early 1990s in homelessness cases. | THE APPEAL OF INTERNAL REVIEW Why do most welfare applicants fail to challenge adverse decisions despite a continuing sense of need The book based on research funded by the Nuffield Foundation addresses this severely under-researched and under-theorised question. Using English homelessness law as their case study the authors explore why homeless applicants did but more often did not challenge adverse decisions by seeking internal administrative review. They draw out from their data a list of the barriers to the take up of grievance rights. Further by combining extensive interview data from aggrieved homeless applicants with ethnographic data about bureaucratic decision-making they are able to situate these barriers within the dynamics of the citizen-bureaucracy relationship. Additionally they point to other contexts which inform applicants decisions about whether to request an internal review. Drawing on a diverse literature risk trust audit legal consciousness and complaints the authors lay the foundations for our understanding of the non- emergence of administrative disputes. THE APPEAL OF INTERNAL REVIEW Law Administrative Justice and the non- emergence of disputes DAVID COWAN AND SIMON HALLIDAY WITH Caroline Hunter Paul Maginn and Lisa Naylor HART PUBLISHING HART PUBLISHING OXFORD AND PORTLAND OREGON .