Legitimate Expectations In Administrative Law
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Author | : Robert Thomas |
Publisher | : Bloomsbury Publishing |
Total Pages | : 146 |
Release | : 2000-08-18 |
Genre | : Law |
ISBN | : 1847311180 |
This book presents a comparison of the development of legitimate expectations and proportionality in European and English law against the different traditions of administrative law. While these two principles are well established in European law,only in recent years have the English courts years sought to integrate them into the common law and have experienced various difficulties in doing so. This book seeks to understand the motivation behind this development, explain why the English courts have been troubled by the principles and suggest how such difficulties can be resolved. It will be of interest to all administrative lawyers, both in practice and in academe. It will also be of interest to EU lawyers, particularly those interested in EU public law.
Author | : Søren J. Schønberg |
Publisher | : Oxford University Press on Demand |
Total Pages | : 270 |
Release | : 2000 |
Genre | : Law |
ISBN | : 9780198299479 |
This original and stimulating book is the first systematic study of the principle of `legitimate expectations' in administrative law to appear in the English language. The notion of reasonable or legitimate expectations has played a central role in the development of administrative law over the last thirty years and it remains one of the most contentious and most frequently invoked grounds of judicial review. In this book Dr Schonberg provides a detailed, comparative, and critical analysis of that notion He begins by clarifying why administrative law should protect expectations at all, by linking expectations to fairness, trust in administration, and the Rule of Law with its requirements of legal certainty and formal equality. In the light of this framework he examines in detail the principles and rules which contribute to the protection of expectations. The scope of this analysis is broad, looking both at procedural and substantive principles of administrative law as wellas principles of tort liability and stautory compensation. In all of these areas, English law is carefully compared with French and EC law and is shown how the three legal systems often reach similar outcomes by the application of different legal principles and rules. The current state of English law is examined critically in the light of the comparative study of French and EC law, and a number of original suggestions for legal reform are presented. They include the adoption of: a generalprinciple of irrevocability of intra vires administrative decisions, a distinct principle of substantive legitimate expectations subject to a `significant imbalance' threshold for judicial intervention, and a statutory right to compensation for loss caused by `sufficiently serious' violations of public law.
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 | : Teerawat Wongkaew |
Publisher | : Cambridge University Press |
Total Pages | : 309 |
Release | : 2019-02-14 |
Genre | : Law |
ISBN | : 1108474284 |
Examines the philosophical foundation of legitimate expectations to create a normative framework for use in investment treaty arbitration
Author | : Eddy David Ventose |
Publisher | : Routledge |
Total Pages | : 501 |
Release | : 2013 |
Genre | : Law |
ISBN | : 0415538734 |
Commonwealth Caribbean Administrative Law comprehensively explores the nature and function of administrative law in contemporary Caribbean society. The text considers the administrative machinery of Caribbean States, Parliament, the Executive and the Judiciary, and examines the basis for judicial review of executive and administrative action in the Caribbean. The book will also examine how the courts on the Commonwealth Cariibeen have sought to define principles of administrative law.
Author | : Peter Leyland |
Publisher | : Oxford University Press, USA |
Total Pages | : 545 |
Release | : 2013 |
Genre | : Law |
ISBN | : 0199601666 |
The seventh edition of Textbook on Administrative Law continues to provide students with an accessible and stimulating guide to the subject. Practical in approach, the authors concentrate on fully analysing core topics, while at the same time setting them within a contextual and thematic framework.
Author | : Paul Craig |
Publisher | : Oxford University Press |
Total Pages | : 994 |
Release | : 2018-10-25 |
Genre | : Law |
ISBN | : 0192567454 |
The third edition of EU Administrative Law provides comprehensive coverage of the administrative system in the EU and the principles of judicial review that apply in this area. This revised edition provides important updates on each area covered, including new case law; institutional developments; and EU legislation. These changes are located within the framework of broader developments in the EU. The chapters in the first half of the book deal with all the principal variants of the EU administrative regime. Thus there are chapters dealing with the history and taxonomy of the EU administrative regime; direct administration; shared administration; comitology; agencies; social partners; and the open method of coordination. The coverage throughout focuses on the legal regime that governs the particular form of administration and broader issues of accountability, drawing on literature from political science as well as law. The focus in the second part of the book shifts to judicial review. There are detailed chapters covering all principles of judicial review and the discussion of the law throughout is analytical and contextual. It begins with the principles that have informed the development of EU judicial review. This is followed by a chapter dealing with the judicial system and the way in which reform could impact on the subject matter of the book. There are then chapters dealing with competence; access; transparency; process; law, fact and discretion; rights; equality; legitimate expectations; two chapters on proportionality; the precautionary principle; two chapters on remedies; and the Ombudsman.
Author | : Joanna Bell |
Publisher | : Bloomsbury Publishing |
Total Pages | : 313 |
Release | : 2020-05-28 |
Genre | : Law |
ISBN | : 1509925333 |
Based on author's thesis (doctoral - University of Oxford, 2017) issued under title: Against monism and in favour of an anatomical approach to administrative law.
Author | : Mark Elliott |
Publisher | : Oxford University Press |
Total Pages | : 857 |
Release | : 2017 |
Genre | : Law |
ISBN | : 0198719469 |
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
Author | : Swati Jhaveri |
Publisher | : |
Total Pages | : 527 |
Release | : 2010 |
Genre | : Administrative law |
ISBN | : 9789888016952 |