Foundations Of English Administrative Law
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Author | : Edith G. Henderson |
Publisher | : Cambridge : Harvard University Press |
Total Pages | : 224 |
Release | : 1963 |
Genre | : Law |
ISBN | : |
"Supposing that an Englishman felt himself hurt by the illegal action of a government official, what could he do? Could he challenge the official action in court with a view to stopping it or obtaining redress for his wrong? Could this be done promptly and easily? In the years 1600-1750, two new legal remedies - new modes of proceeding in the courts - were developed which gave the aggrieved subject quicker and easier relief from illegal action by officials", Miss Henderson writes. These two new remedies, the writs of mandamus and certiorari, are the basis for modern Anglo-American administrative law. Miss Henderson traces the development of mandamus and certiorari in England in the seventeenth and early eighteenth centuries. She gives us first a picture of the structure of local government, both in country and town, pointing out the areas where injustice might occur because of the citizen's inability to hold the local officials accountable. She describes in detail the development of the doctrine of limited judicial review, which was partly implicit in the older remedy of prohibition and common-law suits, and was made explicit in the new remedies of mandamus and certiorari.
Author | : Edith Grotberg Henderson |
Publisher | : |
Total Pages | : 214 |
Release | : 1963 |
Genre | : |
ISBN | : 9780674313514 |
Author | : Paul Craig |
Publisher | : Cambridge University Press |
Total Pages | : 845 |
Release | : 2015-10-26 |
Genre | : Law |
ISBN | : 110712512X |
A detailed analysis of the foundations and challenges of UK, EU and global administrative law.
Author | : Philip Hamburger |
Publisher | : University of Chicago Press |
Total Pages | : 646 |
Release | : 2014-05-27 |
Genre | : Law |
ISBN | : 022611645X |
“Hamburger argues persuasively that America has overlaid its constitutional system with a form of governance that is both alien and dangerous.” —Law and Politics Book Review While the federal government traditionally could constrain liberty only through acts of Congress and the courts, the executive branch has increasingly come to control Americans through its own administrative rules and adjudication, thus raising disturbing questions about the effect of this sort of state power on American government and society. With Is Administrative Law Unlawful?, Philip Hamburger answers this question in the affirmative, offering a revisionist account of administrative law. Rather than accepting it as a novel power necessitated by modern society, he locates its origins in the medieval and early modern English tradition of royal prerogative. Then he traces resistance to administrative law from the Middle Ages to the present. Medieval parliaments periodically tried to confine the Crown to governing through regular law, but the most effective response was the seventeenth-century development of English constitutional law, which concluded that the government could rule only through the law of the land and the courts, not through administrative edicts. Although the US Constitution pursued this conclusion even more vigorously, administrative power reemerged in the Progressive and New Deal Eras. Since then, Hamburger argues, administrative law has returned American government and society to precisely the sort of consolidated or absolute power that the US Constitution—and constitutions in general—were designed to prevent. With a clear yet many-layered argument that draws on history, law, and legal thought, Is Administrative Law Unlawful? reveals administrative law to be not a benign, natural outgrowth of contemporary government but a pernicious—and profoundly unlawful—return to dangerous pre-constitutional absolutism.
Author | : Paul Craig |
Publisher | : Oxford University Press |
Total Pages | : 785 |
Release | : 2024-05-09 |
Genre | : Law |
ISBN | : 0198908342 |
The commonly held view about English administrative law is that it is of recent origin, with some dating it from the mid-20th century and some venturing back to the late 19th century. English Administrative Law from 1550: Continuity and Change upends this conventional thinking, charting its development from the mid-16th century with an in-depth examination of administrative law doctrine based on primary legal materials, statute, and case law. This book is divided into four parts. Part 1 sets out the book's principal thesis, contrasting standard perceptions concerning the existence of English administrative law with the reality of its emergence from the mid-16th century. Part 2 is concerned with Regulation and Administration from the mid-16th century to the end of the 19th century. There is detailed analysis of the regulatory and administrative state, which includes chapters on the way in which administrative policy was developed through individual decision-making and rulemaking, and the role played by contract in service delivery. Part 3 deals with Courts and Doctrine. It begins with discussion of foundational precepts followed by chapters on natural justice; review of law and fact; rights; delegation, fettering and purpose; reasonableness; proportionability; prerogative; and third and fourth source power. Part 4 of the book covers Remedies and Review, with chapters on invalidity; standing; the prerogative writs; injunction, declaration, quo warranto and habeas corpus; and damages and restitutionary liability. With thought-provoking and original insights, English Administrative Law from 1550 systematically elaborates and contextualizes the origins of administrative law features while linking them to their modern-day equivalents.
Author | : Paul Daly |
Publisher | : Cambridge University Press |
Total Pages | : 323 |
Release | : 2012-06-28 |
Genre | : Law |
ISBN | : 1107025516 |
Paul Daly develops a theory concerning the appropriate allocation of authority between courts and administrative bodies.
Author | : Peter H. Schuck |
Publisher | : |
Total Pages | : 0 |
Release | : 2004 |
Genre | : Administrative law |
ISBN | : 9781587786716 |
Resource added for the Nursing-Associate Degree 105431, Practical Nursing 315431, and Nursing Assistant 305431 programs.
Author | : Edith G. Henderson |
Publisher | : |
Total Pages | : 294 |
Release | : 1963-01-01 |
Genre | : Certiorari |
ISBN | : 9780678080337 |
Author | : Elizabeth Fisher |
Publisher | : |
Total Pages | : 481 |
Release | : 2020 |
Genre | : Law |
ISBN | : 0198845243 |
In this collection, leading figures in UK and EU public law address seismic changes the field and reflect upon the implications of these changes, the fundamentals of public law, and the interrelationship between them across six themes: legislation, case law, theory, institutions, process, and constitutions.
Author | : Trevor Hartley |
Publisher | : Oxford University Press, USA |
Total Pages | : 571 |
Release | : 2010-08-05 |
Genre | : Language Arts & Disciplines |
ISBN | : 0199566755 |
Rev. ed. of : The foundations of European Community law / by T.C. Hartley. 6th ed. c2007.