Researching Public Law In Common Law Systems
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Researching Public Law In Common Law Systems
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Author : Paul Daly
language : en
Publisher: Edward Elgar Publishing
Release Date : 2023-09-06
Researching Public Law In Common Law Systems written by Paul Daly and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-09-06 with Law categories.
This original book fills a significant gap in legal literature by providing an exploration of research methodologies in public law; a field of research in which research methods are becoming increasingly prominent and sophisticated. Featuring thoughtful chapters written by leading scholars in the field, this book provides a thorough explanation of the key features, characteristics, and challenges of distinct methodological approaches to public law research.
Understanding Administrative Law In The Common Law World
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Author : Paul Daly
language : en
Publisher: Oxford University Press
Release Date : 2021
Understanding Administrative Law In The Common Law World written by Paul Daly 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 with Law categories.
A new framework for understanding contemporary administrative law, through a comparative analysis of case law from Australia, Canada, England, Ireland, and New Zealand. The author argues that the field is structured by four values: individual self-realisation, good administration, electoral legitimacy and decisional autonomy.
The Unity Of Public Law
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Author : Mark Elliott
language : en
Publisher: Bloomsbury Publishing
Release Date : 2018-04-19
The Unity Of Public Law written by Mark Elliott and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-04-19 with Law categories.
This major collection contains selected papers from the second Public Law Conference, an international conference hosted by the University of Cambridge in September 2016. The collection includes contributions by leading academics and judges from across the common law world, including senior judges from Australia, Canada, New Zealand and the UK. The contributions engage with the theme of unity (and disunity) from a number of perspectives, offering a rich panoply of insights into public law which significantly carry forward public law thinking across common law jurisdictions, setting the agenda for future research and legal development. Part 1 of the volume contains chapters which offer doctrinal and theoretical perspectives. Some chapters seek to articulate a unifying framework for understanding public law, while others seek to demonstrate the plurality of public law through the method of legal taxonomy. A number of chapters analyse whether different fields such as human rights and administrative law are merging, with others considering specific unifying themes or concepts in public law. The chapters in Part 2 offer comparative perspectives, charting and analysing convergence and divergence across common law systems. Specific topics include standing, proportionality, human rights, remedies, use of foreign precedents, legal transplants, and disunity and unity among subnational jurisdictions. The collection will be of great interest to those working in public law.
Judicial Review Of Administrative Action Across The Common Law World
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Author : Swati Jhaveri
language : en
Publisher: Cambridge University Press
Release Date : 2022-09-29
Judicial Review Of Administrative Action Across The Common Law World 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 2022-09-29 with Law categories.
Research on comparative administrative law, in contrast to comparative constitutional law, remains largely underdeveloped. This book plugs that gap. It considers how a wide range of common law systems have received and adapted English common law to the needs of their own socio-political context. Readers will be given complex insights into a wide range of common law systems of administrative law, which they may not otherwise have access to given how difficult it would be to research all of the systems covered in the volume single-handedly. The book covers Scotland, Ireland, the USA, Canada, Israel, South Africa, Kenya, Malaysia, Singapore, Hong Kong SAR, India, Bangladesh, Australia and New Zealand. Comparative public lawyers will have a much greater range of common law models of administrative law - either to pursue conversations about their own common law system or to sophisticate their comparison of their system (civil law or otherwise) with common law systems.
Public Law Adjudication In Common Law Systems
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Author : John Bell
language : en
Publisher: Hart Publishing
Release Date : 2018-08-23
Public Law Adjudication In Common Law Systems written by John Bell and has been published by Hart Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-08-23 with Law categories.
This volume arises from the inaugural Public Law Conference hosted in September 2014 by the Centre for Public Law at the University of Cambridge, which brought together leading public lawyers from a number of common law jurisdictions. While those from such jurisdictions share background understandings, significant differences within the common law world create opportunities for valuable exchanges of ideas and debate. This collection draws upon one of the principal sub-themes that emerged during the conference – namely, the the way in which relationships and distinctions between the notions of 'process' and 'substance' play out in relation to and inform adjudication in public law cases. The essays contained in this volume address those issues from a variety of perspectives. While the bulk of the chapters consider topical issues in judicial review, either on common law or human rights grounds, or both, other chapters adopt more theoretical, historical, empirical or contextual approaches. Concluding chapters reflect generally on the papers in the collection and the value of facilitating cross-jurisdictional dialogue.
Common Law Civil Law
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Author : Nicoletta Bersier
language : en
Publisher: Springer Nature
Release Date : 2022-01-01
Common Law Civil Law written by Nicoletta Bersier and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-01-01 with Law categories.
This book offers an in-depth analysis of the differences between common law and civil law systems from various theoretical perspectives. Written by a global network of experts, it explores the topic against the background of a variety of legal traditions.Common law and civil law are typically presented as antagonistic players on a field claimed by diverse legal systems: the former being based on precedent set by judges in deciding cases before them; the latter being founded on a set of rules intended to govern the decisions of those applying them. Perceived in this manner, common law and civil law differ in terms of the (main) source(s) of law; who is to create them; who is (merely) to draw from them; and whether the law itself is pure each step of the way, or whether the law’s purity may be tarnished when confronted with a set of contingent facts. These differences have deep roots in (legal) history – roots that allow us to trace them back to distinct traditions. Nevertheless, it is questionable whether the divide thus depicted is as great as it may seem: international and supranational legal systems unconcerned by national peculiarities appear to level the playing field. A normative understanding of constitutions seems to grant ever-greater authority to High Court decisions based on thinly worded maxims in countries that adhere to the civil law tradition. The challenges contemporary regulation faces call for ever-more detailed statutes governing the decisions of judges in the common law tradition. These and similar observations demand a structural reassessment of the role of judges, the power of precedent, the limits of legislation and other features often thought to be so different in common and civil law systems. The book addresses this reassessment.
Apex Courts And The Common Law
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Author : Paul Daly
language : en
Publisher: University of Toronto Press
Release Date : 2019-04-26
Apex Courts And The Common Law written by Paul Daly and has been published by University of Toronto Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-04-26 with Law categories.
For centuries, courts across the common law world have developed systems of law by building bodies of judicial decisions. In deciding individual cases, common law courts settle litigation and move the law in new directions. By virtue of their place at the top of the judicial hierarchy, courts at the apex of common law systems are unique in that their decisions and, in particular, the language used in those decisions, resonate through the legal system. Although both the common law and apex courts have been studied extensively, scholars have paid less attention to the relationship between the two. By analyzing apex courts and the common law from multiple angles, this book offers an entry point for scholars in disciplines related to law - such as political science, history, and sociology - who are seeking a deeper understanding and new insights as to how the common law applies to and is relevant within their own disciplines.
The Sovereignty Of Law
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Author : T.R.S. Allan
language : en
Publisher: Oxford University Press
Release Date : 2013-07-18
The Sovereignty Of Law written by T.R.S. Allan 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 2013-07-18 with Law categories.
An original account of the British constitution, this book explains how the requirements of constitutional law depend on underlying considerations of legal and political theory and defends an account of the British constitution as a source of individual freedom, grounded in a persuasive interpretation of the common law constitutional tradition.
A Theory Of Deference In Administrative Law
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Author : Paul Daly
language : en
Publisher: Cambridge University Press
Release Date : 2012-06-28
A Theory Of Deference In Administrative Law written by Paul Daly 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 2012-06-28 with Law categories.
Paul Daly develops a theory concerning the appropriate allocation of authority between courts and administrative bodies.
Sending Law To The Countryside
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Author : Suli Zhu
language : en
Publisher: Springer
Release Date : 2016-06-18
Sending Law To The Countryside written by Suli Zhu and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-06-18 with Law categories.
Based on empirical investigation and an interdisciplinary approach, this book offers a crucial theoretical work on China’s basic-level judicial system and a masterpiece by Professor Suli Zhu, a prominent jurist on modern China. Its primary goal is to identify issues – ones that can only be effectively sensed and raised by China’s jurists because of their unique circumstances and cultural background – that are of practical significance in China’s basic-level judicial system, and of theoretical significance to juristic systems in general. Divided into four parts, the book begins with a discussion of the systematic and theoretical problems in China’s basic-level judicial system at the macro-, meso- and micro- scale. In the second part, it examines the technology and knowledge to be found in the basic-level judicial system, so as to make the traditionally “invisible” technology and knowledge of trial judges available for general theoretical analyses. The third part focuses on the judge and other legal personnel in the judicial system, while the last part discusses the value of legal sociology surveys as powerful resources. This book not only presents essential features of China’s judicial system by precisely describing key issues in its basic-level judicial system, but also offers well-founded content that accentuates the significance of social management innovation.