Legitimate Expectations And Proportionality In Administrative Law
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Legitimate Expectations And Proportionality In Administrative Law
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Author : Robert Thomas
language : en
Publisher: Hart Publishing
Release Date : 2000-09
Legitimate Expectations And Proportionality In Administrative Law written by Robert Thomas and has been published by Hart Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000-09 with Law categories.
Presents a comparison of the development in European and English law of two legal principles, legitimate expectations and proportionality, against the different traditions of administrative law. Looks at case law of the English courts and the European Court of Justice, and explains why English courts have been troubled by legitimate expectations and proportionality and how such difficulties can be resolved. Suggests that problems associated with these principles are connected to different cultural approaches to the appropriate role of law in the modern state. Of interest to administrative lawyers. The author teaches law at the University of Manchester. Distributed by ISBS. c. Book News Inc.
Legitimate Expectations In The Common Law World
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Author : Matthew Groves
language : en
Publisher: Bloomsbury Publishing
Release Date : 2017-01-12
Legitimate Expectations In The Common Law World written by Matthew Groves and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-01-12 with Law categories.
The recognition and enforcement of legitimate expectations by courts has been a striking feature of English law since R v North and East Devon Health Authority; ex parte Coughlan [2001] 3 QB 213. Although the substantive form of legitimate expectation adopted in Coughlan was quickly accepted by English courts and received a generally favourable response from public law scholars, the doctrine of that case has largely been rejected in other common law jurisdictions. The central principles of Coughlan have been rejected by courts in common law jurisdictions outside the UK for a range of reasons, such as incompatibility with local constitutional doctrine, or because they mark an undesirable drift towards merits review. The sceptical and critical reception to Coughlan outside England is a striking contrast to the reception the case received within the UK. This book provides a detailed scholarly analysis of these issues and considers the doctrine of legitimate expectations both in England and elsewhere in the common law world.
A Theory Of Legitimate Expectations For Public Administration
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Author : Alexander Brown
language : en
Publisher: Oxford University Press
Release Date : 2017-12-08
A Theory Of Legitimate Expectations For Public Administration written by Alexander Brown 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 2017-12-08 with Law categories.
It is an unfortunate but unavoidable feature of even well-ordered democratic societies that governmental administrative agencies often create legitimate expectations (procedural or substantive) on the part of non-governmental agents (individual citizens, groups, businesses, organizations, institutions, and instrumentalities) but find themselves unable to fulfil those expectations for reasons of justice, the public interest, severe financial constraints, and sometimes harsh political realities. How governmental administrative agencies, operating on behalf of society, handle the creation and frustration of legitimate expectations implicates a whole host of values that we have reason to care about, including under non-ideal conditions-not least justice, fairness, autonomy, the rule of law, responsible uses of power, credible commitments, reliance interests, security of expectations, stability, democracy, parliamentary supremacy, and legitimate authority. This book develops a new theory of legitimate expectations for public administration drawing on normative arguments from political and legal theory. Brown begins by offering a new account of the legitimacy of legitimate expectations. He argues that it is the very responsibility of governmental administrative agencies for creating expectations that ought to ground legitimacy, as opposed to the justice or the legitimate authority of those agencies and expectations. He also clarifies some of the main ways in which agencies can be responsible for creating expectations. Moreover, he argues that governmental administrative agencies should be held liable for losses they directly cause by creating and then frustrating legitimate expectations on the part of non-governmental agents and, if liable, have an obligation to make adequate compensation payments in respect of those losses.
The Anatomy Of Administrative Law
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Author : Joanna Bell
language : en
Publisher:
Release Date : 2020
The Anatomy Of Administrative Law written by Joanna Bell and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020 with Administrative law categories.
Introduction -- The Development of Modern Administrative Law -- The Anatomy of Administrative Law -- Procedural Review -- Legitimate Expectations -- Standing -- Monism -- Conclusion.
Legal Culture Legality And The Determination Of The Grounds Of Judicial Review Of Administrative Action In England And Australia
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Author : Voraphol Malsukhum
language : en
Publisher: Springer Nature
Release Date : 2021-07-01
Legal Culture Legality And The Determination Of The Grounds Of Judicial Review Of Administrative Action In England And Australia written by Voraphol Malsukhum and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-07-01 with Law categories.
This book presents a navigating framework of legal culture and legality to facilitate a comprehensive understanding of the English and Australian determination of the grounds of judicial review. This book facilitates tangible process of how and why jurisdictional error, jurisdictional fact, proportionality and substantive legitimate expectations are debatable in English law, while they are either completely rejected or firmly entrenched in Australian law. This book argues that these differences are not just random. Legality is not just a fig-leaf, but is profoundly rooted in legal systems’ legal culture; hence, it dictates the way in which courts empower, justify, constrain or limit the scope of judicial review. This book presents evidence that courts differ in legal systems and apply diverse ways to determine the scope of judicial review based on their deep understanding of legality, which is embedded in the legal culture of their legal system. This book uses comparative methodology and develops this framework between English and Australian law. Although obvious and important, this book presents a kind of examination that has never been undertaken in this depth and detail before.
Eu Administrative Law
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Author : Paul Craig
language : en
Publisher: OUP Oxford
Release Date : 2012-03-22
Eu Administrative Law written by Paul Craig and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-03-22 with Law categories.
The second edition of EU Administrative Law provides comprehensive coverage of the administrative system in the EU and the principles of judicial review that apply in this area. The chapters in the first half of the book deal with all the principal variants of the EU administrative regime. Thus there are chapters dealing with the history and taxonomy of the EU administrative regime; direct administration; shared administration; Comitology; agencies; social partners and the open method of coordination. The coverage throughout focuses on the legal regime that governs the particular form of administration and broader issues of accountability, drawing on literature from political science as well as law. The focus in the second part of the book shifts to the principles of judicial review. There are detailed chapters covering all principles of judicial review and the discussion of the law throughout is analytical and contextual. The discussion in this part of the book begins with a chapter that considers the principles that have informed the development of EU judicial review. This is followed by a chapter dealing with the judicial system and the way in which reform could impact on the subject matter of the book. There are then chapters dealing with competence; access; transparency; process; law, fact and discretion; rights; equality; legitimate expectations; two chapters on proportionality; the precautionary principle; two chapters on remedies; and the ombudsman. The book paints a comprehensive picture of administrative law as it exists in the EU today.
Administrative Law
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Author : N. K. Jayakumar
language : en
Publisher: PHI Learning Pvt. Ltd.
Release Date : 2005-08-01
Administrative Law written by N. K. Jayakumar and has been published by PHI Learning Pvt. Ltd. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005-08-01 with Administrative law categories.
New Directions In Judicial Review
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Author : Jeffrey L. Jowell
language : en
Publisher: Taylor & Francis
Release Date : 1988
New Directions In Judicial Review written by Jeffrey L. Jowell and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 1988 with Contrôle juridictionnel de l'administration - Grande-Bretagne categories.
This collection of essays selects five issues which pose urgent challenges to administrative law: public/private law distinction, extension of the range of authorities that are subject to judicial review, the evolving doctrine about the protection of legitimate expectations, the principle of proportionality as a ground for review, & the increasing judicial supervision of the policy-making process.
Legitimate Expectations In Administrative Law
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Author : Søren J. Schønberg
language : en
Publisher: Oxford University Press on Demand
Release Date : 2000
Legitimate Expectations In Administrative Law written by Søren J. Schønberg and has been published by Oxford University Press on Demand this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000 with Law categories.
This original and stimulating book is the first systematic study of the principle of `legitimate expectations' in administrative law to appear in the English language. The notion of reasonable or legitimate expectations has played a central role in the development of administrative law over the last thirty years and it remains one of the most contentious and most frequently invoked grounds of judicial review. In this book Dr Schonberg provides a detailed, comparative, and critical analysis of that notion He begins by clarifying why administrative law should protect expectations at all, by linking expectations to fairness, trust in administration, and the Rule of Law with its requirements of legal certainty and formal equality. In the light of this framework he examines in detail the principles and rules which contribute to the protection of expectations. The scope of this analysis is broad, looking both at procedural and substantive principles of administrative law as wellas principles of tort liability and stautory compensation. In all of these areas, English law is carefully compared with French and EC law and is shown how the three legal systems often reach similar outcomes by the application of different legal principles and rules. The current state of English law is examined critically in the light of the comparative study of French and EC law, and a number of original suggestions for legal reform are presented. They include the adoption of: a generalprinciple of irrevocability of intra vires administrative decisions, a distinct principle of substantive legitimate expectations subject to a `significant imbalance' threshold for judicial intervention, and a statutory right to compensation for loss caused by `sufficiently serious' violations of public law.
European Administrative Law
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Author : Jürgen Schwarze
language : en
Publisher: Sweet & Maxwell Uk
Release Date : 1992-01-01
European Administrative Law written by Jürgen Schwarze and has been published by Sweet & Maxwell Uk this book supported file pdf, txt, epub, kindle and other format this book has been release on 1992-01-01 with Administrative law categories.
This volume analyzes the position of administrative law in the separate but parallel legal order of the EC and explores the limits of its future development. The influence of existing national rules are highlighted as well as the subsequent impact in each member state of the new European system. Part 1 of the text examines the characteristics of the administrative law systems in EC member states, legal constraints on administrative decisions, the principle of equality and the prohibition of discrimination as obligatory maxims of government action. The second section explores the principle of proportionality, legal certainty and the protection of legitimate expectations, and the principles of a constitutionally ordered administrative procedure."