Download or read book Inside and Outside Canadian Administrative Law written by David J. Mullan and published by University of Toronto Press. This book was released on 2006-01-01 with total page 513 pages. Available in PDF, EPUB and Kindle. Book excerpt: The rise to prominence of administrative law in the second half of the twentieth century is often remarked upon as the greatest legal development of the period. In this process there has been considerable borrowing of ideas and learning from experiences elsewhere in the common law world. This volume brings together administrative law scholars and judges from around the globe to address important issues in the field and to honour the career of one of the leading administrative lawyers in the Anglo-Commonwealth world, Professor David Mullan. Editors Grant Huscroft and Michael Taggart have identified the broad themes in Mullan's work - procedural fairness; scope of review and deference; the interrelationship of administrative law and human rights; the legitimacy of state regulation and tribunal adjudication; common law comparativism - and invited contributions on those themes from leading scholars in Canada, the United Kingdom, Australia, South Africa, and the United States. A fitting tribute to a great scholar, Inside and Outside Canadian Administrative Law will prove fascinating to students, teachers, and practitioners of administrative law as well as policy makers and political scientists.

Download or read book Understanding Administrative Law in the Common Law World written by Paul Daly and published by Oxford University Press. This book was released on 2021 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book A Theory of Deference in Administrative Law written by Paul Daly and published by Cambridge University Press. This book was released on 2012-06-28 with total page 323 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the modern administrative state, hundreds if not thousands of officials wield powers that can be used to the benefit or detriment of individuals and corporations. When the exercise of these powers is challenged, a great deal can be at stake. Courts are confronted with difficult questions about how to apply the general principles of administrative law in different contexts. Based on a comparative theoretical analysis of the allocation of authority between the organs of government, A Theory of Deference in Administrative Law provides courts with a methodology to apply no matter how complex the subject matter. The firm theoretical foundation of deference is fully exposed and a comprehensive doctrine of curial deference is developed for application by courts in judicial review of administrative action. A wide scope is urged, spanning the whole spectrum of government regulation, thereby ensuring wide access to public law remedies.

Download or read book Comparative Administrative Law written by Susan Rose-Ackerman and published by Edward Elgar Publishing. This book was released on 2017-08-25 with total page 753 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive overview of the field of comparative administrative law that builds on the first edition with many new and revised chapters, additional topics and extended geographical coverage. This Research Handbook’s broad, multi-method approach combines history and social science with more strictly legal analyses. This new edition demonstrates the growth and dynamism of recent efforts – spearheaded by the first edition – to stimulate comparative research in administrative law and public law more generally, reaching across different countries and scholarly disciplines.

Download or read book Administrative Law in a Changing State written by Linda Pearson and published by Bloomsbury Publishing. This book was released on 2008-11-24 with total page 428 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book of essays celebrates Mark Aronson's contribution to administrative law. As joint author of the leading Australian text on judicial review of administrative action, Aronson's work is well-known to public lawyers throughout the common law world and this is reflected in the list of contributors from the US, Canada, Australia, New Zealand and the UK. The introduction comes from Justice Michael Kirby of the High Court of Australia. The essays reflect Aronson's interests in judicial review, non-judicial grievance mechanisms, problems of proof and evidence, and the boundaries of public and private law. Amongst the contributors, Peter Cane, Elizabeth Fisher, and Linda Pearson write on administrative adjudication and decision-making, Anita Stuhmcke writes on Ombudsmen, and Robin Creyke and John McMillan, the Commonwealth Ombudsman, write on charters, codes and 'soft law'. There are evaluations of the profound influence of human rights law on judicial review from the UK by Sir Jack Beatson and Thomas Poole and from Canada by David Mullan. Matthew Groves and Chief Justice James Spigelman address developing themes in judicial review, while Carol Harlow, Richard Rawlings, Michael Taggart and Janet McLean follow Aronson's interests into the private side of public law. An American perspective is added by Alfred Aman and Jack Beermann.

Download or read book Understanding Administrative Law in the Common Law World written by Paul Daly and published by Oxford University Press. This book was released on 2021-08-05 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: Around the common law world, the law of judicial review of administrative action has changed dramatically in recent decades, accelerating a centuries-long process of incremental evolution. This book offers a fresh framework for understanding the core features of contemporary administrative law. Through comparative analysis of case law from Australia, Canada, England, Ireland, and New Zealand, the author develops an interpretive approach by reference to four values: individual self-realisation, good administration, electoral legitimacy, and decisional autonomy. The interaction of this plurality of values explains the structure of the vast field of judicial review of administrative action: institutional structures, procedural fairness, substantive review, remedies, restrictions on remedies, and the scope of judicial review. Addressing this wide array of subjects in detail, the book demonstrates how a pluralist approach, with the values being employed in a complementary and balanced fashion, can enhance our understanding of administrative law. Furthermore, such an approach can guide the future development of the law of judicial review of administrative action, a point illustrated by a careful analysis of the unsettled doctrinal area of legitimate expectation. The book closes by arguing that the author's values-based, pluralist framework supports the legitimacy of contemporary administrative law which, although sometimes called into question, facilitates the flourishing of individuals, of public administration, and of the liberal democratic system.

Download or read book Vigilance and Restraint in the Common Law of Judicial Review written by Dean R. Knight and published by Cambridge University Press. This book was released on 2018-04-19 with total page 309 pages. Available in PDF, EPUB and Kindle. Book excerpt: The mediation of the balance between vigilance and restraint is a fundamental feature of judicial review of administrative action in the Anglo-Commonwealth. This balance is realised through the modulation of the depth of scrutiny when reviewing the decisions of ministers, public bodies and officials. While variability is ubiquitous, it takes different shapes and forms. Dean R. Knight explores the main shapes and forms employed in judicial review in England, Canada, Australia and New Zealand over the last fifty years. Four schemata are drawn from the case law and taken back to conceptual foundations, exposing their commonality and differences, and each approach is evaluated. This detailed methodology provides a sound basis for decisions and debates about how variability should be brought to individual cases and will be of great value to legal scholars, judges and practitioners interested in judicial review.

Download or read book Modern Administrative Law in Australia written by Matthew Groves and published by Cambridge University Press. This book was released on 2014-02-13 with total page 481 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book The Province of Administrative Law written by Michael Taggart and published by Bloomsbury Publishing. This book was released on 1997-06-01 with total page 410 pages. Available in PDF, EPUB and Kindle. Book excerpt: During the past decade, administrative law has experienced remarkable development. It has consistently been one of the most dynamic and potent areas of legal innovation and of judicial activism. It has expanded its reach into an ever broadening sphere of public and private activities. Largely through the mechanism of judicial review, the judges in several jurisdictions have extended the ambit of the traditional remedies, partly in response to a perceived need to fill an accountability vacuum created by the privatisation of public enterprises, the contracting-out of public services, and the deregulation of industry and commerce. The essays in this volume focus upon these and other shifts in administrative law, and in doing so they draw upon the experiences of several jurisdictions: the UK, the US, Canada, Australia and New Zealand. The result is a wide-ranging and forceful analysis of the scope, development and future direction of administrative law.

Download or read book Administrative Law in Context written by Colleen M. Flood and published by . This book was released on 2018 with total page 637 pages. Available in PDF, EPUB and Kindle. Book excerpt: "[This book examines] key principles and cases by leveraging the distinct voices of leading scholars and instructors from across Canada. This ... analysis gives students a better sense of how administrative boards and tribunals work in practice. To offer a more comprehensive understanding of subject matter, resources like practice tips, checklists, and a companion website have also been included in the text. This combination of theory and applied learning has resulted in a highly effective teaching tool that students can take from the classroom into practice."--Publisher's description.

Download or read book Public Law Adjudication in Common Law Systems written by John Bell and published by Bloomsbury Publishing. This book was released on 2016-04-07 with total page 517 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book The Province of Administrative Law written by Michael Taggart and published by Bloomsbury Publishing. This book was released on 1997-06-01 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: During the past decade, administrative law has experienced remarkable development. It has consistently been one of the most dynamic and potent areas of legal innovation and of judicial activism. It has expanded its reach into an ever broadening sphere of public and private activities. Largely through the mechanism of judicial review, the judges in several jurisdictions have extended the ambit of the traditional remedies, partly in response to a perceived need to fill an accountability vacuum created by the privatisation of public enterprises, the contracting-out of public services, and the deregulation of industry and commerce. The essays in this volume focus upon these and other shifts in administrative law, and in doing so they draw upon the experiences of several jurisdictions: the UK, the US, Canada, Australia and New Zealand. The result is a wide-ranging and forceful analysis of the scope, development and future direction of administrative law.

Download or read book The Oxford Handbook of the Canadian Constitution written by Peter Oliver and published by Oxford University Press. This book was released on 2017-08-10 with total page 1169 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford Handbook of the Canadian Constitution provides an ideal first stop for Canadians and non-Canadians seeking a clear, concise, and authoritative account of Canadian constitutional law. The Handbook is divided into six parts: Constitutional History, Institutions and Constitutional Change, Aboriginal Peoples and the Canadian Constitution, Federalism, Rights and Freedoms, and Constitutional Theory. Readers of this Handbook will discover some of the distinctive features of the Canadian constitution: for example, the importance of Indigenous peoples and legal systems, the long-standing presence of a French-speaking population, French civil law and Quebec, the British constitutional heritage, the choice of federalism, as well as the newer features, most notably the Canadian Charter of Rights and Freedoms, Section Thirty-Five regarding Aboriginal rights and treaties, and the procedures for constitutional amendment. The Handbook provides a remarkable resource for comparativists at a time when the Canadian constitution is a frequent topic of constitutional commentary. The Handbook offers a vital account of constitutional challenges and opportunities at the time of the 150th anniversary of Confederation.

Download or read book Human Rights and Judicial Review in Australia and Canada written by Janina Boughey and published by Bloomsbury Publishing. This book was released on 2017-06-15 with total page 373 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book A Simple Common Lawyer written by David Dyzenhaus and published by Bloomsbury Publishing. This book was released on 2009-02-05 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: Michael Taggart was the Alexander Turner Professor of Law in the University of Auckland, New Zealand until his retirement in 2008. He has worked extensively on public law, in particular administrative law, privatisation and the public/private law divide as well as on legal history. He has visited and taught at the Universities of Melbourne, New South Wales, Toronto, Cambridge, Paris II, Victoria at Wellington, Saskatchewan, Western Ontario, Queen's University at Kingston and Osgoode Hall Law School. This book of essays, dedicated to him by a group of his friends including academic colleagues, practitioners and judges, marks his enormous contribution to the common law.

Download or read book Law and Administration written by Carol Harlow and published by Cambridge University Press. This book was released on 2009-08-20 with total page 881 pages. Available in PDF, EPUB and Kindle. Book excerpt: A contextualised study setting out the foundations of administrative law, with discussion of case law and legislation to show practical application.

Download or read book Administrative Tribunals and Adjudication written by Peter Cane and published by Bloomsbury Publishing. This book was released on 2009-08-03 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: Among the many constitutional developments of the past century or so, one of the most significant has been the creation and proliferation of institutions that perform functions similar to those performed by courts but which are considered to be, and in some ways are, different and distinct from courts as traditionally conceived. In much of the common law world, such institutions are called 'administrative tribunals'. Their main function is to adjudicate disputes between citizens and the state by reviewing decisions of government agencies - a function also performed by courts in 'judicial review' proceedings and appeals. Although tribunals in aggregate adjudicate many more such disputes than courts, tribunals and their role as dispensers of 'administrative justice' receive relatively little scholarly attention. This wide-ranging book-length treatment of the subject compares tribunals in three major jurisdictions: Australia the UK and the US. It analyses and offers an account of the concept of 'administrative adjudication', and traces its historical development from the earliest periods of the common law to the twenty-first century. There are chapters dealing with the design of tribunals and tribunal systems and with what tribunals do, what they are for and how they interact with their users. The book ends with a discussion of the place of tribunals in the 'administrative justice system' and speculation about possible future developments. Administrative Tribunals and Adjudication fills a significant gap in the literature and will be of great value to public lawyers and others interested in government accountability.