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Judicial Review Of Public Actions

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Judicial Review Of Public Actions

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Author : Fazal Karim
language : en
Publisher:
Release Date : 2006

Judicial Review Of Public Actions written by Fazal Karim and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with categories.

Judicial Review Of Public Actions

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Author : Fazal Karim
language : en
Publisher:
Release Date : 2006

Judicial Review Of Public Actions

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Author : Fazal Karim
language : en
Publisher:
Release Date : 2018

Judicial Review Of Administrative Action

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Author : Swati Jhaveri
language : en
Publisher: Cambridge University Press
Release Date : 2021-03-18

Judicial Review Of Administrative Action written by Swati Jhaveri and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-03-18 with Law categories.

Explores the English origins of the principles of judicial review in common law jurisdictions and autochthonous pressures for their adaptation.

Administrative Law And Government Action

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Author : Hazel Genn
language : en
Publisher: Oxford University Press, USA
Release Date : 1994

Administrative Law And Government Action written by Hazel Genn and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 1994 with History categories.

Administrative Law and Government Action offers a new collection of essays on important and often contentious aspects of administrative law: the propriety of judicial intervention in government, for example, and the implications of our membership of the European Union. The individual contributions are informed by a wide variety of theoretical perspectives, and are drawn together by certain common themes: the constitutional role of judicial review, its efficacy as a mechanism for the regulation of government decision-making, and the scope and impact of alternative mechanisms, such as tribunals, administrative reviews and ombudsmen. All chapters address issues of current significance and, while some develop a broad conceptual analysis, others rely on a more internal critique. Each contributor sets out both to provide an accessible synthesis of existing literature and to develop his or her own critical approach. Considerable emphasis is also placed on the results of relevant empirical research where available. The volume falls into two parts. Part I is concerned primarily with judicial review and its appropriate constitutional role, while Part II discusses alternative mechanisms for the regulation of government action.

Judicial Review Of Administration In Europe

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Author : Giacinto della Cananea
language : en
Publisher: Oxford University Press
Release Date : 2021-08-23

Judicial Review Of Administration In Europe written by Giacinto della Cananea and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-08-23 with Law categories.

This book is about judicial review of public administration. Many have regarded this to divide European legal orders, with judicial review of administrative action in the general courts or specialized administrative courts, or with different distance from the executive. There has been considerably less of comparison of the basic procedural and substantive principles. The comparative study in this book of procedural fairness and propriety in the courts reveals not only differences but also some common and connecting elements, in a 'common core' perspective. The book is divided into four parts. The first explains the nature and purpose of a comparison to understand the relevance and significance of commonality and diversity between the legal systems of Europe, and which considers other legal systems which are distant and distinct from Europe, such as China and Latin America. The second part contains an overview of the systems of judicial review in these legal orders. The third part, which is the heart of the 'common core' method, contains both a set of hypothetical cases and the solutions, according to the experts of the legal systems selected for our comparison, to the cases. The fourth part serves to examine the answers in comparative terms to ascertain not so much whether a 'common core' exists, but how it is shaped and evolves, also in response to the influence of supranational legal orders as the European Union and the Council of Europe.

Judicial Review

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Author : Jonathan Auburn
language : en
Publisher: OUP Oxford
Release Date : 2013-03-21

Judicial Review written by Jonathan Auburn and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-03-21 with Law categories.

Covering all of the substantive grounds on which a claim may be brought, this definitive new work provides unrivalled analysis and guidance on the law of judicial review. Written by three experienced practitioners, Judicial Review: Principles and Procedure includes chapters on the most common grounds for bringing a claim, such as procedural fairness and irrationality, but also covers emerging grounds such as delay on the part of public bodies and error of fact. In addition, the authors provide a separate, detailed treatment of areas such as administrative policies and the public sector equality duty. Each element of this complex area of law is carefully broken down to ensure that answers are always easy to find and, where the law is in doubt, the dispute is concisely stated and the view most likely to be preferred by the courts is expressed. The book analyses in detail the issues that are likely to arise in practice, with thorough and up-to-date reference to case law throughout. It incorporates the jurisprudence arising out of the Human Rights Act 1998, providing practitioners with a complete yet practical treatment of each relevant topic. The book contains comprehensive coverage of procedural matters in each stage of a claim, from pre-action to costs, and includes a chapter on European Union law from Marie Demetriou QC of Brick Court Chambers, providing a uniquely full treatment of all the issues which might be encountered in practice.

Cases Materials And Text On Judicial Review Of Administrative Action

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Author : Chris Backes
language : en
Publisher: Bloomsbury Publishing
Release Date : 2019-08-08

Cases Materials And Text On Judicial Review Of Administrative Action written by Chris Backes and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-08-08 with Law categories.

This casebook studies the law governing judicial review of administrative action. It examines the foundations and the organisation of judicial review, the types of administrative action, and corresponding kinds of review and access to court. Significant attention is also devoted to the conduct of the court proceedings, the grounds for review, and the standard of review and the remedies available in judicial review cases. The relevant rules and case law of Germany, England and Wales, France and the Netherlands are analysed and compared. The similarities and differences between the legal systems are highlighted. The impact of the jurisprudence of the European Court of Human Rights is considered, as well as the influence of EU legislative initiatives and the case law of the Court of Justice of the European Union, in the legal systems examined. Furthermore, the system of judicial review of administrative action before the European courts is studied and compared to that of the national legal systems. During the last decade, the growing influence of EU law on national procedural law has been increasingly recognised. However, the way in which national systems of judicial review address the requirements imposed by EU law differs substantially. The casebook compares the primary sources (legislation, case law etc) of the legal systems covered, and explores their differences and similarities: this examination reveals to what extent a ius commune of judicial review of administrative action is developing.

Judicial Review Handbook

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Author : Michael Fordham QC
language : en
Publisher: Bloomsbury Publishing
Release Date : 2008-11-05

Judicial Review Handbook written by Michael Fordham QC and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-11-05 with Law categories.

Writing in the sixth edition of this Handbook, author Michael Fordham described his ambition when writing the first edition (and indeed all subsequent editions) of this book as "to read as many judicial review cases as I could and to try to extract, classify and present illustrations and statements of principle". Behind this aim lay the practitioner's overwhelming need to know and understand the case-law. Without it, as Fordham says "much can be achieved in public law through instinct, experience and familiarity with general principles which are broad, flexible and designed to accord with common sense". But with knowledge of the case law comes the vital ability to be able to point to and rely on an authoritative statement of principle and working illustration. Knowing the case-law is crucial: "the challenge is to find it". This, the sixth edition of the Handbook, continues the tradition established by earlier editions, in rendering the voluminous case-law accessible and knowable. This Handbook remains an indispensable source of reference and a guide to the case-law in judicial review. Established as an essential part of the library of any practitioner engaged in public law cases, the Judicial Review Handbook offers unrivalled coverage of administrative law, including, but not confined to, the work of the Administrative Court and its procedures. Once again completely revised and up-dated, the sixth edition approximates to a restatement of the law of judicial review, organised around 63 legal principles, each supported by a comprehensive presentation of the sources and an unequalled selection of reported case quotations. It also includes essential procedural rules, forms and guidance issued by the Administrative Court. As in the previous edition, both the Civil Procedure Rules and Human Rights Act 1998 feature prominently as major influences on the shaping of the case-law. Their impact, and the plethora of cases which explore their meaning and application, were fully analysed and evaluated in the previous edition, but this time around their importance has grown exponentially and is reflected in even greater attention being given to their respective roles. Attention is also given to another new development - the coming into existence of the Supreme Court. Here Michael Fordham casts an experienced eye over the Court's work in the area of judicial review, and assesses the early signs from a Court that is expected to be one of the key influences in the development of judicial review in the modern era. The author, a leading member of the English public law bar, has been involved in many of the leading judicial review cases in recent years and is the founding editor of the Judicial Review journal. "...an institution for those who practise public law...it has the authority that comes from being compiled by an author of singular distinction". (Lord Woolf, from the Foreword to the Fifth Edition)

Affirmative Action Policies And Judicial Review Worldwide

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Author : George Gerapetritis
language : en
Publisher: Springer
Release Date : 2015-08-03

Affirmative Action Policies And Judicial Review Worldwide written by George Gerapetritis and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-08-03 with Law categories.

This book discusses affirmative action or positive discrimination, defined as measures awarding privileges to certain groups that have historically suffered discrimination or have been underrepresented in specific social sectors. The book’s underlying rationale is that one cannot place at the same starting point people who have been treated differently in the past because in this way one merely perpetuates a state of difference and, in turn, social gaps are exaggerated and social cohesion is endangered. Starting out with an introduction on the meaning and typology of affirmative action policies, the book goes on to emphasise the interaction of affirmative action with traditional values of liberal state, such as equality, meritocracy, democracy, justice, liberalism and socialism. It reveals the affirmative action goals from a legal and sociological point of view, examining the remedial, cultural, societal, pedagogical and economy purposes of such action. After applying an institutional narrative of the implementation of affirmative action worldwide, the book explains the jurisprudence on the issue through syntheses and antitheses of structural and material variables, such as the institutional recognition of the policies, the domains of their implementation and their beneficiaries. The book eventually makes an analytical impact assessment following the implementation of affirmative action plans and the judicial response, especially in relation to the conventional human rights doctrine, by establishing a liaison between affirmative action and social and group rights.. The book applies a multi-disciplinary and comparative methodology in order to assess the ethical standing of affirmative action policies, the public interests involved and their effectiveness towards actual equality. In the light of the above analysis, the monograph explains the arguments considering affirmative action as a theology for substantive equality and the arguments treating this policy as anathema for liberalism. A universal discussion currently at its peak.

Judicial Review Of Public Actions

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