The Appeal of Internal Review
Law, Administrative Justice and the (Non-) Emergence of Disputes
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Appeal of Internal Review by David Cowan
Book DescriptionWhy do most welfare applicants fail to challenge adverse decisions despite a continuing sense of need? The book 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.
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Book DetailsISBN: 9781841133836
(234mm x 156mm x 14mm)
Imprint: Hart Publishing
Publisher: Bloomsbury Publishing PLC
Publish Date: 7-Oct-2003
Country of Publication: United Kingdom
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Author Biography - David Cowan
Dave Cowan is Professor of Law and Policy in the School of Law, Bristol University. Simon Halliday is the Nicholas de B Katzenbach Research Fellow at the Centre for Socio-Legal Studies, Oxford University. Caroline Hunter is a Senior Lecturer in Housing Law at the School of Environment and Development, Sheffield Hallam University. Paul Maginn is a Post-doctoral Research Fellow, Centre for Social Research, Edith Cowan University, Western Australia. Lisa Naylor was formerly a Research Assistant at the Centre for Regional Economic and Social Research at Sheffield Hallam University.
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