Natural Justice And The High Court Of Australia
DOWNLOAD
Download Natural Justice And The High Court Of Australia PDF/ePub or read online books in Mobi eBooks. Click Download or Read Online button to get Natural Justice And The High Court Of Australia book now. This website allows unlimited access to, at the time of writing, more than 1.5 million titles, including hundreds of thousands of titles in various foreign languages. If the content not found or just blank you must refresh this page
Natural Justice And The High Court Of Australia
DOWNLOAD
Author : Ian Holloway
language : en
Publisher: Dartmouth Publishing Company
Release Date : 2002
Natural Justice And The High Court Of Australia written by Ian Holloway and has been published by Dartmouth Publishing Company this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002 with Administrative law categories.
The original thesis of this book is that, in Australia, natural justice has become an aspect of constitutional rather than administrative law. This view of procedural justice is developed in the context of UK and Commonwealth law in a way that brings both historical and doctrinal research to bear on important contemporary issues in judicial review. The author traces the origins and fluctuating development of the idea and practice of natural justice in England and its adaptation to the planned state in Australia. Consideration is given to the impact of the so-called new property and the broadening protection of citizens' rights, the growing significance of the doctrine of legitimate expectations, and the changing role of the notion of ultra vires as a legitimizing basis for judicial review. The book culminates in a critical examination of the idea of common law constitutionalism and the need to develop present-day rationales for the protection of procedural rights.
The Constitutional Jurisprudence And Judicial Method Of The High Court Of Australia
DOWNLOAD
Author : Rachael Gray (Barrister)
language : en
Publisher:
Release Date : 2008
The Constitutional Jurisprudence And Judicial Method Of The High Court Of Australia written by Rachael Gray (Barrister) and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with Law categories.
This book reviews the movements that have occurred in the High Court's approach to constitutional issues during the Dixon, Mason and Gleeson eras using the legal theory perspectives of legalism, realism and pragmatism. To date, the relevance of theoretical reasoning to Australian constitutional jurisprudence has received relatively little attention. Analysis of constitutional decisions has tended to focus on outcomes rather than method. The book provides a contemporary, comparative and analytical perspective on the manner in which theoretical perspectives can be used to understand and explain the movement of the High Court's constitutional jurisprudence. The discussion is timely in view of the retirement of Chief Justice Gleeson in August 2008 which is likely to focus attention on the Gleeson Court's approach to constitutional issues and the Court's contribution to Australian law.
Natural Justice
DOWNLOAD
Author : Geoffrey A. Flick
language : en
Publisher: Butterworth-Heinemann
Release Date : 1984
Natural Justice written by Geoffrey A. Flick and has been published by Butterworth-Heinemann this book supported file pdf, txt, epub, kindle and other format this book has been release on 1984 with Law categories.
Human Rights And Judicial Review In Australia And Canada
DOWNLOAD
Author : Janina Boughey
language : en
Publisher: Bloomsbury Publishing
Release Date : 2017-06-15
Human Rights And Judicial Review In Australia And Canada written by Janina Boughey and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-06-15 with Law categories.
It is commonly asserted that bills of rights have had a 'righting' effect on the principles of judicial review of administrative action and have been a key driver of the modern expansion in judicial oversight of the executive arm of government. A number of commentators have pointed to Australian administrative law as evidence for this 'righting' hypothesis. They have suggested that the fact that Australia is an outlier among common law jurisdictions in having neither a statutory nor a constitutional framework to expressly protect human rights explains why Australia alone continues to take an apparently 'formalist', 'legalist' and 'conservative' approach to administrative law. Other commentators and judges, including a number in Canada, have argued the opposite: that bills of rights have the effect of stifling the development of the common law. However, for the most part, all these claims remain just that – there has been limited detailed analysis of the issue, and no detailed comparative analysis of the veracity of the claims. This book analyses in detail the interaction between administrative and human rights law in Australia and Canada, arguing that both jurisdictions have reached remarkably similar positions regarding the balance between judicial and executive power, and between broader fundamental principles including the rule of law, parliamentary sovereignty and the separation of powers. It will provide valuable reading for all those researching judicial review and human rights.
Natural Justice
DOWNLOAD
Author : Hedley H. Marshall
language : en
Publisher:
Release Date : 1959
Natural Justice written by Hedley H. Marshall and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1959 with Law categories.
The Commonwealth Law Reports
DOWNLOAD
Author : Australia. High Court
language : en
Publisher:
Release Date : 2002
The Commonwealth Law Reports written by Australia. High Court and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002 with Law reports, digests, etc categories.
Courts Of Final Jurisdiction
DOWNLOAD
Author : Cheryl Saunders
language : en
Publisher: Federation Press
Release Date : 1996
Courts Of Final Jurisdiction written by Cheryl Saunders and has been published by Federation Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1996 with Law categories.
The Mason Court ushered in a new age of Australian jurisprudence. Adopting a more explicit style of judicial reasoning, it drew its precedents from a wider range of jurisdictions and presided over new directions in Australian law in areas ranging from contract to constitutional and equity to native title. Why did this happen and where will it lead? Why are courts overseas feeling similar pressures and how are they reacting? The papers in this book, conceived as a tribute to Sir Anthony Mason, debate the role of courts of final jurisdiction and of their chief justices at the end of the 20th century.
Modern Administrative Law In Australia
DOWNLOAD
Author : Matthew Groves
language : en
Publisher: Cambridge University Press
Release Date : 2014-02-13
Modern Administrative Law In Australia written by Matthew Groves 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 2014-02-13 with Law categories.
Modern Administrative Law provides an authoritative overview of administrative law in Australia. It clarifies and enlivens this crucial but complex area of law, with erudite analysis and thoroughly modern perspectives. The contributors - including highly respected academics from 11 Australian law schools,as well as eminent practitioners including Chief Justice Robert French AC and Justice Stephen Gageler of the High Court of Australia - are at the forefront of current research, debate and decision making, and infuse the book with unique insight. The book examines the structure and themes of administrative law, the theory and practice of judicial review, and the workings of administrative law beyond the courts. Administrative law affects innumerable aspects of political, commercial and private life, and yet is often considered difficult to understand. Modern Administrative Law unravels the intricacies and reveals how they are applied in real cases. It is an essential reference for students and practitioners of administrative law.
Seeking Justice
DOWNLOAD
Author : Charles M
language : en
Publisher: charles
Release Date : 101-01-01
Seeking Justice written by Charles M and has been published by charles this book supported file pdf, txt, epub, kindle and other format this book has been release on 101-01-01 with Education categories.
“The legal system is fair in the way that a soccer match between Manchester City and the Betoota Bandits reserve grade is fair. They're playing the same game, with the same rules applied consistently. But one team has hundreds of millions in resources to invest in their side, and the other struggles to find a beat-up minibus to get to the game, the system doesn't care.” The legal system exists today, as it statistically touches almost zero percentage of the general population, if the legal system interacts with people, then they care. For those that are touched by the legal system is seen by many people as inaccessible, complex, unpredictable, slow and costly, where truth and justice is not even an objective. The data shows that the greater the number of justiciable interactions, the less likely respondents are to perceive the laws and justice system as fair. About 72 per cent of people who had zero interactions expressed a favourable view about the fairness of the laws and the justice system. This percentage declines steadily as the number of interactions increases. Only 40 per cent of respondents with seven or more interactions with the judicial system feel that the laws and the justice system are essentially fair. These statistics[1] represent a damning indictment of the justice system. If millions of people are intimidated, alienated and confused by the prospect of seeking justice in twenty-first century then we should consider our legal system to have failed in its fundamental duty to provide justice to all. [1] Unjust Kingdom: UK perceptions of the justice and legal system, -- Hodge Jones & Allen Law firm, Dec 2015.
Tradition And Change In Australian Law
DOWNLOAD
Author : Patrick Parkinson
language : en
Publisher: Lawbook Company
Release Date : 2001
Tradition And Change In Australian Law written by Patrick Parkinson and has been published by Lawbook Company this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001 with Law categories.
This book examines the tradition of law in Australia & the tension between adherence to tradition & the demands of change & renewal for the legal system. The author argues that the greatest challenge the legal system faces is the challenge of inclusion -- to make the legal system one to which all Australians have access & in which all Australians are able to make their voices heard. The new edition takes account of recently published work in Australian legal history, including the Wik case & the native title debate, the debate about a Republic, changes in the Australian court system, developments in legal reasoning & statutory interpretation, & the problems of access to justice.