Vigilance And Restraint In The Common Law Of Judicial Review
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Vigilance And Restraint In The Common Law Of Judicial Review
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Author : Dean R. Knight
language : en
Publisher: Cambridge University Press
Release Date : 2018-04-19
Vigilance And Restraint In The Common Law Of Judicial Review written by Dean R. Knight 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 2018-04-19 with Law categories.
Explores how courts vary the depth of scrutiny in judicial review and the virtues of different approaches.
Non Statutory Executive Powers And Judicial Review
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Author : Jason Grant Allen
language : en
Publisher: Cambridge University Press
Release Date : 2022-08-25
Non Statutory Executive Powers And Judicial Review written by Jason Grant Allen 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 2022-08-25 with Law categories.
That non-statutory executive powers are subject to judicial review is beyond doubt. But current judicial practice challenges prevailing theories of judicial review and raises a host of questions about the nature of official power and action. This is particularly the case for official powers not associated with the Royal Prerogative, which have been argued to comprise a “third source” of governmental authority. Looking at non-statutory powers directly, rather than incidentally, stirs up the intense but ultimately inconclusive debate about the conceptual basis of judicial review in English law. This provocative book argues that modern judges and scholars have neglected the very concepts necessary to understand the supervisory jurisdiction and that the law has become more complex than it needs to be. If we start from the concept of office and official action, rather than grand ideas about parliamentary sovereignty and the courts, the central questions answer themselves.
Parliamentary Sovereignty
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Author : Jeffrey Goldsworthy
language : en
Publisher: Cambridge University Press
Release Date : 2010-07-22
Parliamentary Sovereignty written by Jeffrey Goldsworthy 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 2010-07-22 with Law categories.
This book has four main themes: (1) a criticism of 'common law constitutionalism', the theory that Parliament's authority is conferred by, and therefore is or can be made subordinate to, judge-made common law; (2) an analysis of Parliament's ability to abdicate, limit or regulate the exercise of its own authority, including a revision of Dicey's conception of sovereignty, a repudiation of the doctrine of implied repeal and the proposal of a novel theory of 'manner and form' requirements for law-making; (3) an examination of the relationship between parliamentary sovereignty and statutory interpretation, defending the reality of legislative intentions, and their indispensability to sensible interpretation and respect for parliamentary sovereignty; and (4) an assessment of the compatibility of parliamentary sovereignty with recent constitutional developments, including the expansion of judicial review of administrative action, the Human Rights and European Communities Acts and the growing recognition of 'constitutional principles' and 'constitutional statutes'.
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.
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.
This book offers 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.
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.
Trust Courts And Social Rights
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Author : David Vitale
language : en
Publisher: Cambridge University Press
Release Date : 2024-02-15
Trust Courts And Social Rights written by David Vitale 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 2024-02-15 with Law categories.
Trust, Courts and Social Rights proposes an innovative legal framework for judicially enforcing social rights that is rooted in public trust in government or 'political trust'. Interdisciplinary in nature, the book draws on theoretical and empirical scholarship on the concept of trust across disciplines, including philosophy, sociology, psychology and political theory. It integrates that scholarship with the relevant public law literature on social rights, fiduciary political theory and judicial review. In doing so, the book uses trust as an analytical lens for social rights law – importing ideas from the scholarship on trust into the social rights literature – and develops a normative argument that contributes to the controversial debate on how courts should enforce social rights. Also global in focus, the book uses cases from courts in Africa, Europe, Latin America and North America to illustrate how the trust-based framework operates in practice.
A Culture Of Justification
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Author : Paul Daly
language : en
Publisher: UBC Press
Release Date : 2023-08-15
A Culture Of Justification written by Paul Daly and has been published by UBC Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-08-15 with Law categories.
Canadian administrative law was bedevilled for many decades by uncertainty and confusion. In 2019, the Supreme Court of Canada sought to bring this chaos to an end in its landmark decision Canada (Minister of Citizenship and Immigration) v Vavilov. In A Culture of Justification, Paul Daly explains why Canada’s administrative law was uncertain and confusing, and he assesses the proposition that Vavilov provides a roadmap to a brighter future. Looking at administrative law from its historic origins in sixteenth- and seventeenth-century England, identifying the complexity of its underlying structure, and describing divergent judicial attitudes to the growing administrative state, Daly builds a framework for understanding why multiple previous reform efforts failed and why Vavilov might very well succeed. This engaging study shows readers how a newly emerged “culture of justification” allows courts and citizens to insist on the reasoned exercise of public power by the administrative state.
Leading Works In Public Law
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Author : Patrick O'Brien
language : en
Publisher: Taylor & Francis
Release Date : 2024-10-08
Leading Works In Public Law written by Patrick O'Brien and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-10-08 with Law categories.
This book brings together a group of leading scholars working in public law and constitutional theory. It examines accepted leading works of public law while also exploring those that deserve greater attention. Over 13 chapters, a group of leading public law experts each examine one leading work from the UK public law canon. Each chapter critically reflects on the context of a work in public law, taking into account not just the work and its context but also how it shapes and contributes to the broader discipline. The final chapter offers an international overview of the chapters themselves, reflecting critically on the scholarly canon of UK public law from the perspective of American constitutional scholarship. The book will be of interest to scholars and students of constitutional law.
A Research Agenda For Administrative Law
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Author : Carol Harlow
language : en
Publisher: Edward Elgar Publishing
Release Date : 2023-02-14
A Research Agenda For Administrative Law written by Carol Harlow 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 2023-02-14 with Law categories.
With the aim of expanding legal scholarly imagination, this Research Agenda takes a tripolar approach to administrative law. It opens the boundaries of administrative law scholarship to new subject areas, exemplifies and opens for consideration several different attitudes to research, and illustrates a multiplicity of different ways of writing about the subject.