Judicial Review Of Administrative Action Across The Common Law World
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Author | : Swati Jhaveri |
Publisher | : Cambridge University Press |
Total Pages | : 447 |
Release | : 2021-03-18 |
Genre | : Law |
ISBN | : 1108481574 |
Explores the English origins of the principles of judicial review in common law jurisdictions and autochthonous pressures for their adaptation.
Author | : Paul Daly |
Publisher | : Oxford University Press |
Total Pages | : 321 |
Release | : 2021 |
Genre | : Law |
ISBN | : 0192896911 |
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.
Author | : Paul Daly |
Publisher | : Oxford University Press |
Total Pages | : 320 |
Release | : 2021-08-05 |
Genre | : Law |
ISBN | : 0192650874 |
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.
Author | : Bernard Schwartz |
Publisher | : The Lawbook Exchange, Ltd. |
Total Pages | : 392 |
Release | : 2006 |
Genre | : Administrative courts |
ISBN | : 1584777044 |
Schwartz provides a masterly exposition of administrative law through a comparative study of the French droit administratif, arguably the most sophisticated Continental model. As Vanderbilt points out in his introduction, this is an important field that involves much more than administrative procedure. It deals directly with some of the most crucial issues of modern government regarding the distribution of power between governmental units, the resulting effect on the freedom of the individual and on the strength and stability of the state. Reprint of the sole edition. "[T]his book represents a significant achievement.... Unlike so many volumes that roll off the press these days, it fills a real need; and, though perhaps not the definitive work in English on the subject, it fills it extremely well." --Frederic S. Burin, Columbia Law Review 54 (1954) 1016 Bernard Schwartz [1923-1997] was professor of law and director of the Institute of Comparative Law, New York University. He was the author of over fifty books, including The Code Napoleon and the Common-Law World (1956), the five-volume Commentary on the Constitution of the United States (1963-68), Constitutional Law: A Textbook (2d ed., 1979), Administrative Law: A Casebook (4th ed., 1994) and A History of the Supreme Court (1993).
Author | : Peter Cane |
Publisher | : Cambridge University Press |
Total Pages | : 609 |
Release | : 2016-03-31 |
Genre | : Law |
ISBN | : 1107146356 |
An historical and comparative explanation of some puzzling differences between the administrative law of England, the USA and Australia.
Author | : Dean R. Knight |
Publisher | : Cambridge University Press |
Total Pages | : 309 |
Release | : 2018-04-19 |
Genre | : Law |
ISBN | : 110719024X |
Explores how courts vary the depth of scrutiny in judicial review and the virtues of different approaches.
Author | : Hilary Delany |
Publisher | : Virago Press |
Total Pages | : 281 |
Release | : 2001 |
Genre | : Administrative law |
ISBN | : 9781858002200 |
Judicial Review of Administrative Action - A Comparative Analysis, reviews developments in this sector of the law in Ireland, as well as examining evolving principles elsewhere in the common law world. Comparative, this text also highlights common trends and substantial divergences, to illustrate and question how the judiciary have approached very similar issues in different jurisdictions. Analytical, it focuses on jurisdictional error, control of the exercise of discretionary powers, and legitimate expectations and fair procedures.
Author | : TT Arvind |
Publisher | : Bloomsbury Publishing |
Total Pages | : 576 |
Release | : 2021-02-25 |
Genre | : Law |
ISBN | : 1509930353 |
In this book, leading experts from across the common law world assess the impact of four seminal House of Lords judgments decided in the 1960s: Ridge v Baldwin, Padfeld v Minister of Agriculture, Conway v Rimmer, and Anisminic v Foreign Compensation Commission. The 'Quartet' is generally acknowledged to have marked a turning point in the development of court-centred administrative law, and can be understood as a 'formative moment' in the emergence of modern judicial review. These cases are examined not only in terms of the points each case decided, and their contribution to administrative law doctrine, but also in terms of the underlying conception of the tasks of administrative law implicit in the Quartet. By doing so, the book sheds new light on both the complex processes through which the modern system of judicial review emerged and the constitutional choices that are implicit in its jurisprudence. It further reflects upon the implications of these historical processes for how the achievements, failings and limitations of the common law in reviewing actions of the executive can be evaluated.
Author | : Joe Tomlinson |
Publisher | : Bloomsbury Publishing |
Total Pages | : 325 |
Release | : 2023-10-19 |
Genre | : Law |
ISBN | : 1509957405 |
This book explores critical issues about how courts engage with questions of fact in public law adjudication. Although the topic of judicial review - the mechanism through which individuals can challenge governmental action - continues to generate sustained interest amongst constitutional and administrative lawyers, there has been little attention given to questions of fact. This is so despite such determinations of fact often being hugely important to the outcomes and impacts of public law adjudication. The book brings together scholars from across the common law world to identify and explore contested issues, common challenges, and gaps in understanding. The various chapters consider where facts arise in constitutional and administrative law proceedings, the role of the courts, and the types of evidence that might assist courts in determining legal issues that are underpinned by complex and contested social or policy questions. The book also considers whether the existing laws and practices surrounding evidence are sufficient, and how other disciplines might assist the courts. The book reconnects the key practical issues surrounding evidence and facts with the lively academic debate on judicial review in the common law world; it therefore contributes to an emerging area of scholarly debate and also has practical implications for the conduct of litigation and government policy-making.
Author | : Chris Backes |
Publisher | : Bloomsbury Publishing |
Total Pages | : 1031 |
Release | : 2019-08-08 |
Genre | : Law |
ISBN | : 1509921486 |
This casebook studies the law governing judicial review of administrative action. It examines the foundations and the organisation of judicial review, the types of administrative action, and corresponding kinds of review and access to court. Significant attention is also devoted to the conduct of the court proceedings, the grounds for review, and the standard of review and the remedies available in judicial review cases. The relevant rules and case law of Germany, England and Wales, France and the Netherlands are analysed and compared. The similarities and differences between the legal systems are highlighted. The impact of the jurisprudence of the European Court of Human Rights is considered, as well as the influence of EU legislative initiatives and the case law of the Court of Justice of the European Union, in the legal systems examined. Furthermore, the system of judicial review of administrative action before the European courts is studied and compared to that of the national legal systems. During the last decade, the growing influence of EU law on national procedural law has been increasingly recognised. However, the way in which national systems of judicial review address the requirements imposed by EU law differs substantially. The casebook compares the primary sources (legislation, case law etc) of the legal systems covered, and explores their differences and similarities: this examination reveals to what extent a ius commune of judicial review of administrative action is developing.