The Anatomy Of Administrative Law
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| Author | : Joanna Bell |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 334 |
| Release | : 2020-05-28 |
| Genre | : Law |
| ISBN | : 1509925341 |
Winner of the 2022 Inner Temple New Authors Book Prize. This book seeks to further our understanding of the nature of administrative law doctrine and adjudication. It has three main aims. The first is to improve understanding of administrative law's 'anatomy' by pulling the subject apart and exploring the nature of the legal structures at play in adjudication. In doing so, the book emphasises three main ways in which administrative law's anatomy is both complex and diverse, namely: - administrative law doctrine interacts with a broad array of legislative frameworks; - administrative law adjudication seeks to accommodate a variety of legal values; and, - administrative law is concerned with legal relationships of different kinds. The second aim is to illustrate the importance of recognising the complexity and variety of administrative law's anatomy in three particular doctrinal contexts: procedural review, legitimate expectations and standing. The third and final aim is to raise an important but under-explored question: is it plausible and useful to attempt to make sense of administrative law doctrine by reference to a singular organising concept or principle? The overarching message of the book is one of cynicism. The complexity and variety of administrative law's legal structures probably means that attempts to explain the field 'monistically', while they may capture important themes, will be unhelpfully reductionist. Ambitious and thought-provoking, this is an important new statement on administrative law.
| 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 | : Marc Hertogh |
| Publisher | : Oxford University Press |
| Total Pages | : 745 |
| Release | : 2022 |
| Genre | : Law |
| ISBN | : 0190903082 |
"The core animating feature of administrative justice scholarship is the desire to understand how justice is achieved through the delivery of public services and the actions, inactions, and decision-making of administrative bodies. The study of administrative justice also encompasses the redress systems by which people can challenge administrative bodies to seek the correction of injustices. For a long time now, scholars have been interested in administrative justice, but without necessarily framing their work as such. Rather than existing under the rubric of administrative justice, much of the research undertaken has existed within sub-categories of disciplines, such as law, sociology, public policy, politics, and public administration. Consequently, although aspects of the topic have attracted rich contributions across such disciplines, administrative justice has rarely been studied or taught in a manner that integrates these areas of research more systematically. This Handbook signals a major change of approach. Drawing together a group of world-leading scholars of administrative justice from a range of disciplines, The Oxford Handbook of Administrative Justice shows how administrative justice is a vibrant, complex, and contested field that is best understood as an area of inquiry in its own right, rather than through traditional disciplinary silos"--
| Author | : Dean Spade |
| Publisher | : Duke University Press |
| Total Pages | : 194 |
| Release | : 2015-07-23 |
| Genre | : Social Science |
| ISBN | : 082237479X |
Revised and Expanded Edition Wait—what's wrong with rights? It is usually assumed that trans and gender nonconforming people should follow the civil rights and "equality" strategies of lesbian and gay rights organizations by agitating for legal reforms that would ostensibly guarantee nondiscrimination and equal protection under the law. This approach assumes that the best way to address the poverty and criminalization that plague trans populations is to gain legal recognition and inclusion in the state's institutions. But is this strategy effective? In Normal Life Dean Spade presents revelatory critiques of the legal equality framework for social change, and points to examples of transformative grassroots trans activism that is raising demands that go beyond traditional civil rights reforms. Spade explodes assumptions about what legal rights can do for marginalized populations, and describes transformative resistance processes and formations that address the root causes of harm and violence. In the new afterword to this revised and expanded edition, Spade notes the rapid mainstreaming of trans politics and finds that his predictions that gaining legal recognition will fail to benefit trans populations are coming to fruition. Spade examines recent efforts by the Obama administration and trans equality advocates to "pinkwash" state violence by articulating the US military and prison systems as sites for trans inclusion reforms. In the context of recent increased mainstream visibility of trans people and trans politics, Spade continues to advocate for the dismantling of systems of state violence that shorten the lives of trans people. Now more than ever, Normal Life is an urgent call for justice and trans liberation, and the radical transformations it will require.
| 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 | : Peter Cane |
| Publisher | : Oxford University Press, USA |
| Total Pages | : 1169 |
| Release | : 2021-01-17 |
| Genre | : Law |
| ISBN | : 0198799985 |
In this Handbook, distinguished experts in the field of administrative law discuss a wide range of issues from a comparative perspective. The book covers the historical beginnings of comparative administrative law scholarship, and discusses important methodological issues and basic concepts such as administrative power and accountability.
| Author | : Robert J. Shoop |
| Publisher | : Corwin Press |
| Total Pages | : 161 |
| Release | : 2005-10-18 |
| Genre | : Education |
| ISBN | : 1452235775 |
Arm yourself with the facts educators need to respond effectively when litigation is imminent! While jury trials are popularly construed as criminal matters, it is civil litigation that increasingly involves the participation of school educators. In recent instances, education leaders have been parties to, or participants in, legal cases ranging from employee discrimination to alleged criminal negligence. In response to this trend, legal experts and frequent consultants to attorneys Robert Shoop, a network news program regular on legal topics, and Dennis Dunklee, a 2005 participant in the Oxford University Roundtable on Education Law, have authored this indispensable text to arm educators with the essential information they need to understand and prepare for potential litigation. Five sections cover the legal basics necessary to: Understand the court and jury system Support and work effectively with attorneys Appreciate the nuances of litigation Reduce the potential risk of litigation by understanding and practicing preventive law Assist in the legal process by serving as an expert witness With this essential resource, educational leaders can learn how to prepare effectively, respond appropriately, and help achieve positive outcomes when faced with litigation.
| Author | : Carol Harlow |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 343 |
| Release | : 2023-02-14 |
| Genre | : Law |
| ISBN | : 1800883765 |
With the aim of expanding legal scholarly imagination, this Research Agenda takes a tripolar approach to administrative law. It opens the boundaries of administrative law scholarship to new subject areas, exemplifies and opens for consideration several different attitudes to research, and illustrates a multiplicity of different ways of writing about the subject.
| 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 | : Robert Thomas |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 358 |
| Release | : 2022-02-10 |
| Genre | : Law |
| ISBN | : 1509953124 |
This book investigates and analyses how administrative law works in practice through a detailed case-study and evaluation of one of the UK's largest and most important administrative agencies, the immigration department. In doing so, the book broadens the conversation of administrative law beyond the courts to include how administrative agencies themselves make, apply, and enforce the law. Blending theoretical and empirical administrative-legal analysis, the book demonstrates why we need to pay closer attention to what government agencies actually do, how they do it, how they are organised, and held to account. Taking a contextual approach, the book provides a detailed analysis of how the immigration department performs its core functions of making policy and law, taking mass casework decisions, and enforcing immigration law. The book considers major recent episodes of immigration administration including the development of the hostile environment policy and the treatment of the Windrush generation. By examining a diverse range of material, the book presents a model of administrative law based upon the organisational competence and capacity of administration and its institutional design. Alongside diagnosing the immigration department's failings, the book advances positive proposals for its reform.
