Download or read book Beatson Matthews and Elliott s Administrative Law Text and Materials written by Mark Elliott and published by Oxford University Press, USA. This book was released on 2011-01-27 with total page 810 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'Beatson, Matthews & Elliot's Administrative Law' combines extracts from key cases, articles and other sources with detailed commentary. Aimed at undergraduates studying administrative law, it provides comprehensive coverage of the subject.
Download or read book Administrative Law written by Mark Elliott and published by Oxford University Press. This book was released on 2017 with total page 857 pages. Available in PDF, EPUB and Kindle. Book excerpt: Administrative Law Text and Materials combines carefully selected extracts from key cases, articles, and other sources with detailed commentary. Aimed at undergraduates studying administrative law, it provides comprehensive coverage of the subject and brings together in one volume the best features of a textbook and a casebook. Rather than simply presenting administrative law as a straightforward body of legal rules, this engaging, critical text considers the subject as an expression of underlying constitutional and other policy concerns, which fundamentally shape the relationship between the citizen and the state. The result is a fascinating account of a subject of crucial importance. Online Resource Centre The book is supported by online an Online Resource Centre, offering the following useful resources: -Updates which cover all the legal developments since publication -'Oxford NewsNow' RSS feeds provide constantly refreshed links to the latest relevant new stories -Interactive timeline of key dates in British political history -Annotated web links
Download or read book Administrative Law 3E written by Elliot and published by . This book was released on 2007-03-06 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Administrative Law written by William Wade and published by Oxford University Press, USA. This book was released on 2014 with total page 959 pages. Available in PDF, EPUB and Kindle. Book excerpt: "[This book provides an] account of the principles of judicial review and the administrative arrangements of the United Kingdom."--
Download or read book Wade and Forsyth s Administrative Law written by and published by Oxford University Press. This book was released on 2022-12 with total page 909 pages. Available in PDF, EPUB and Kindle. Book excerpt: Wade and Forsyth's Administrative Law has been a cornerstone text since publication of the first edition in 1961. It provides a comprehensive and perceptive account of the principles of judicial review and the administrative arrangements of the United Kingdom. For over sixty years, this text has been trusted by students and is extensively cited by courts throughout the common law world. The book's clarity of exposition makes it accessible to students approaching the subject for the first time, whilst its breadth of coverage and perceptive insight ensure its value to all interested in the field, academics and practitioners alike.
Download or read book Administrative Law written by Hector S. De Leon and published by . This book was released on 2010 with total page 460 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Volume I The Administrative State written by Sabino Cassese and published by Oxford University Press. This book was released on 2017-07-24 with total page 841 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Max Planck Handbooks in European Public Law series describes and analyses the public law of the European legal space, an area that encompasses not only the law of the European Union but also the European Convention on Human Rights and, importantly, the domestic public laws of European states. Recognizing that the ongoing vertical and horizontal processes of European integration make legal comparison the task of our time for both scholars and practitioners, it aims to foster the development of a specifically European legal pluralism and to contribute to the legitimacy and efficiency of European public law. The first volume of the series begins this enterprise with an appraisal of the evolution of the state and its administration, with cross-cutting contributions and also specific country reports. While the former include, among others, treatises on historical antecedents of the concept of European public law, the development of the administrative state as such, the relationship between constitutional and administrative law, and legal conceptions of statehood, the latter focus on states and legal orders as diverse as, e.g., Spain and Hungary or Great Britain and Greece. With this, the book provides access to the systematic foundations, pivotal historic moments, and legal thought of states bound together not only by a common history but also by deep and entrenched normative ties; for the quality of the ius publicum europaeum can be no better than the common understanding European scholars and practitioners have of the law of other states. An understanding thus improved will enable them to operate with the shared skills, knowledge, and values that can bring to fruition the different processes of European integration.
Download or read book The Constitutional Balance written by John Laws and published by Bloomsbury Publishing. This book was released on 2021-01-28 with total page 169 pages. Available in PDF, EPUB and Kindle. Book excerpt: In The Constitutional Balance Sir John Laws has left a vivid and timely commentary on one of the most pressing issues in the legal world today. The debate continues whether or not judges venture too far into issues of Government policy, and whether or not there are any limits on the power of the executive and the legislature to propose and enact legislation that unduly restricts fundamental freedoms in a democratic society subject to the rule of law. Sir John Laws examines the relationship between constitutional fundamentals and values. He finds basic ideals of reason, fairness and the presumption of liberty in the common law, and recognises that a democratically accountable executive and legislature must be able to make policy and enact and implement legislation to pursue social goals. The courts then interpret the laws. As Sir John puts it – “The meeting of Parliament and the common law, in the crucible of statutory interpretation, is close to the core of [the constitutional balance]”. These fundamental values can compete with each other, giving rise to tensions within and between key state institutions, in particular the executive and the judiciary. A 'constitutional balance' between them must be found if the constitution is to function properly, each institution is to understand the proper extent and limits of its authority, and the rule of law is to be maintained. Sir John draws on his life-long experience as a barrister, judge and academic, and on case-law and learning, to explain in vibrant and engaging terms how such a 'constitutional balance' might be achieved.
Download or read book Unjust Enrichment and Public Law written by Rebecca Williams and published by Bloomsbury Publishing. This book was released on 2010-06-30 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines claims involving unjust enrichment and public bodies in France,England and the EU. Part 1 explores the law as it now stands in England and Wales as a result of cases such as Woolwich EBS v IRC, those resulting from the decision of the European Court of Justice (ECJ) in Metallgesellschaft and Hoechst v IRC and those involving Local Authority swaps transactions. So far these cases have been viewed from either a public or a private law perspective, whereas in fact both branches of the law are relevant, and the author argues that the courts ought not to lose sight of the public law issues when a claim is brought under the private law of unjust enrichment, or vice versa. In order to achieve this a hybrid approach is outlined which would allow the law access to both the public and private law aspects of such cases. Since there has been much discussion, particularly in the context of public body cases, of the relationship between the common law and civilian approaches to unjust enrichment, or enrichment without cause, Part 2 considers the French approach in order to ascertain what lessons it holds for England and Wales. And finally, as the Metallgesellschaft case itself makes clear, no understanding of such cases can be complete without an examination of the relevant EU law. Thus Part 3 investigates the principle of unjust enrichment in the European Union and the division of labour between the European and the domestic courts in the ECJ's so-called 'remedies jurisprudence'. In particular it examines the extent to which the two relevant issues, public law and unjust enrichment, are defined in EU law, and to what extent this remains a task for the domestic courts. Cited with approval in the Court of Appeal by Beatson, LJ in Hemming and others v The Lord Mayor and Citizens of Westminster, [2013] EWCA Civ 5912 Cited with approval in the Supreme Court by Lord Walker, in Test Claimants in the Franked Investment Income Group Litigation (Appellants) v Commissioners of Inland Revenue and another [2012] UKSC 19
Download or read book The English Legal System written by Alisdair Gillespie and published by Oxford University Press, USA. This book was released on 2007 with total page 545 pages. Available in PDF, EPUB and Kindle. Book excerpt: The English Legal System provides a lively and approachable introduction for those new to the study of law. The textbook presents the main areas of the English legal system and invites students to critique the wider aspects of how law is made and reformed. Clearly structured in four parts, and designed to reflect the content of legal system courses, the book provides thorough and informative coverage of varied topics including the sources of law, the legal profession, human rights, civil disputes, the criminal courts, litigation, and tribunals.
Download or read book Intention Supremacy and the Theories of Judicial Review written by John McGarry and published by Routledge. This book was released on 2016-07-28 with total page 164 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the late 1980s, a vigorous debate began about how we may best justify, in constitutional terms, the English courts’ jurisdiction to judicially review the exercise of public power derived from an Act of Parliament. Two rival theories emerged in this debate, the ultra vires theory and the common law theory. The debate between the supporters of these two theories has never satisfactorily been resolved and has been criticised as being futile. Yet, the debate raises some fundamental questions about the constitution of the United Kingdom, particularly: the relationship between Parliament and the courts; the nature of parliamentary supremacy in the contemporary constitution; and the possibility and validity of relying on legislative intent. This book critically analyses the ultra vires and common law theories and argues that neither offers a convincing explanation for the courts’ judicial review jurisdiction. Instead, the author puts forward the theory that parliamentary supremacy – and, in turn, the relationship between Parliament and the courts – is not absolute and does not operate in a hard and fast way but, rather, functions in a more flexible way and that the courts will balance particular Acts of Parliament against competing statutes or principles. McGarry argues that this new conception of parliamentary supremacy leads to an alternative theory of judicial review which significantly differs from both the ultra vires and common law theories. This book will be of great interest to students and scholars of UK public law.
Download or read book Supreme Court Economic Review Volume 22 written by Michael S. Greve and published by University of Chicago Press. This book was released on 2015-06-21 with total page 221 pages. Available in PDF, EPUB and Kindle. Book excerpt: Supreme Court Economic Review is an interdisciplinary journal that seeks to provide a forum for scholarship in law and economics, public choice, and constitutional political economy. Its approach is broad ranging and contributions employ explicit or implicit economic reasoning for the analysis of legal issues, with special attention to Supreme Court decisions, judicial process, and institutional design.
Download or read book The Scope and Intensity of Substantive Review written by Hanna Wilberg and published by Bloomsbury Publishing. This book was released on 2015-11-26 with total page 661 pages. Available in PDF, EPUB and Kindle. Book excerpt: Inspired by the work of Professor Michael Taggart, this collection of essays from across the common law world is concerned with two separate but related themes. First, to what extent and by what means should review on substantive grounds such as unreasonableness be expanded and intensified? Jowell, Elliott and Varuhas all agree with Taggart that proportionality should not 'sweep the rainbow', but propose different schemes for organising and conceptualising substantive review. Groves and Weeks, and Hoexter evaluate the state of substantive review in Australia and South Africa respectively. The second theme concerns the broader (Canadian) sense of substantive review including the illegality grounds, and whether deference should extend to these grounds. Cane and Aronson consider the relevance and impact of different constitutional and doctrinal settings. Wilberg and Daly address questions concerning when and how deference is to operate once it is accepted as appropriate in principle. Rights-based review is discussed in a separate third part because it raises both of the above questions. Geiringer, Sales and Walters examine the choices to be made in settling the approach in this area, each focusing on a different dichotomy. Taggart's work is notable for treating these various aspects of substantive review as parts of a broader whole, and for his search for an appropriate balance between judicial scrutiny and administrative autonomy across this entire area. By bringing together essays on all these topics, this volume seeks to build on that approach.
Download or read book Judging Regulators written by Eric C. Ip and published by Edward Elgar Publishing. This book was released on 2020-10-30 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: Drawing insights from economics and political science, Judging Regulators explains why the administrative law of the US and the UK has radically diverged from each other on questions of law, fact, and discretion.
Download or read book Administrative Law written by David J. Mullan and published by . This book was released on 2003 with total page 1438 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Who to Release written by Nicola Padfield and published by Routledge. This book was released on 2013-03-07 with total page 285 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the changing role of the Parole Board. It pays particular attention to the effects of the early release scheme of the Criminal Justice Act 2005, which resulted in the Parole Board deciding in Panels to deteminate sentence prisoners, lifers, and recalled prisoners. A wide range of significant issues, and case law, has arisen as a result of these changes, which the contributors to this book, leading authorities in the field, aim to explore.
Download or read book Permanent States of Emergency and the Rule of Law written by Alan Greene and published by Bloomsbury Publishing. This book was released on 2018-04-05 with total page 367 pages. Available in PDF, EPUB and Kindle. Book excerpt: Permanent States of Emergency and the Rule of Law explores the impact that oxymoronic 'permanent' states of emergency have on the validity and effectiveness of constitutional norms and, ultimately, constituent power. It challenges the idea that many constitutional orders are facing permanent states of emergency due to the 'objective nature' of threats facing modern states today, arguing instead that the nature of a threat depends upon the subjective assessment of the decision-maker. In light of this, it further argues that robust judicial scrutiny and review of these decisions is required to ensure that the temporariness of the emergency is a legal question and that the validity of constitutional norms is not undermined by their perpetual suspension. It does this by way of a narrower conception of the rule of law than standard accounts in favour of judicial review of emergency powers in the literature, which tend to be based on the normative value of human rights. In so doing it seeks to refute the fundamental constitutional challenge posed by Carl Schmitt: that all state power cannot be constrained by law.
