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Research On The Ripeness Doctrine In American Law

Posted on:2011-01-23Degree:MasterType:Thesis
Country:ChinaCandidate:F QiFull Text:PDF
GTID:2166360305451528Subject:Constitution and Administrative Law
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Ripeness is an important doctrine in American procedural law which is widely known by domestic scholars from American Administrative Law written by Mingyang Wang. From the scholars'current discussions, we can easily find that they have concentrated on topics such as the origin and the concept of the doctrine,the reason and the significance of establishment, the theoretical foundation, the application and so on in the aspects of basic principles of administrative law when they failed to give a deep sight in its actual applications in American litigation. This thesis aims at filling this gap and makes a further introduction to several aspects of the implications of ripeness, the scope of application, the relationships between exhaustion, plaintiff qualification, finality doctrine and ripeness, as well as concrete applications of this doctrine in specific cases.This first chapter generally focused on the implications and functions of ripeness, the scope of application, and the questioning of the principled approach of this doctrine in 1967. The second chapter introduced the discussions concerning whether ripeness has a constitutional status, in which Professor Nichol's belief is presently detailed that ripeness is not supposed to be positioned as constitutional. The third chapter illustrated the respective relationships between standing, exhaustion, finality and ripeness, making a comparison with other judicial threshold. The fourth chapter further introduced the applications and development of ripeness in specific cases via two types of cases as regulatory takings and Forest Plans.It seemes that there has not been a boom in the scholars'empirical research of American administrative law ever since Mingyang Wang. Primarily this thesis intends to make a comprehensive presentation at a high level of possible details. Law is a social science, in which sufficient emphasis should be put on academic exchanges with other countries. The author wishes this thesis would be a successful attempt to introduce the principles of foreign laws.
Keywords/Search Tags:Ripeness Doctrine, Exhaustion Doctrine, Finality Doctrine, Regulatory Taking, Forest Plans
PDF Full Text Request
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