The Nature of Inquisitorial Processes in Administrative Regimes

The Nature of Inquisitorial Processes in Administrative Regimes
Author: Laverne Jacobs
Publisher: Routledge
Total Pages: 416
Release: 2016-03-03
Genre: Law
ISBN: 1317023315

’Inquisitorial processes’ refers to the inquiry powers of administrative governance and this book examines the use of these powers in administrative law across seven jurisdictions. The book brings together recent developments in mixed inquisitorial-adversarial administrative decision-making on a hitherto neglected area of comparative administrative process and institutional design. Reaching important conclusions about their own jurisdictions and raising questions which may be explored in others, the book's chapters are comparative. They explore the terminology and scope of the concept of inquisitorial process, justifications for the use of inquiry powers, the effectiveness of inquisitorial processes and the implications of the adoption of such powers. The book will set in motion continued dialogue about the inherent challenges of balancing policy goals, fairness, resources and institutional design within administrative law decision-making by offering theoretical, practical and empirical analyses. This will be a valuable book to government policy-makers, administrative law decision-makers, lawyers and academics.

Free Speech after 9/11

Free Speech after 9/11
Author: Katharine Gelber
Publisher: Oxford University Press
Total Pages: 206
Release: 2016-04-15
Genre: Political Science
ISBN: 0191083410

Although there has been a lot written about how counter-terrorism laws impact on human rights and civil liberties, most of this work has focussed on the most obvious or egregious kinds of human rights abrogation, such as extended detention, torture, and extraordinary rendition. Far less has been written about the complex ways in which Western governments have placed new and far-reaching limitations on freedom of speech in this context since 9/11. This book compares three liberal democracies - the United States, the United Kingdom and Australia, in particular showing the commonalities and similarities in what has occurred in each country, and the changes in the appropriate parameters of freedom of speech in the counter-terrorism context since 9/11, achieved both in policy change and the justification for that change. In all three countries much speech has been criminalized in ways that were considered anachronistic, or inappropriate, in comparable policy areas prior to 9/11. This is particularly interesting because other works have suggested that the United States' unique protection of freedom of speech in the First Amendment has prevented speech being limited in that country in ways that have been pursued in others. This book shows that this kind of argument misses the detail of the policy change that has occurred, and privileges a textual reading over a more comprehensive policy-based understanding of the changes that have occurred. The author argues that we are now living a new-normal for freedom of speech, within which restrictions on speech that once would have been considered aberrant, overreaching, and impermissible are now considered ordinary, necessary, and justified as long as they occur in the counter-terrorism context. This change is persistent, and it has far reaching implications for the future of this foundational freedom.

Government Accountability Sources and Materials

Government Accountability Sources and Materials
Author: Judith Bannister
Publisher: Cambridge University Press
Total Pages: 499
Release: 2023-05-31
Genre: Law
ISBN: 1009101943

Government Accountability Sources and Materials is a fundamental, student-friendly introduction to administrative law in practice.

Government Accountability

Government Accountability
Author: Judith Bannister
Publisher: Cambridge University Press
Total Pages: 613
Release: 2023-06-30
Genre: Law
ISBN: 1009116649

Government Accountability: Australian Administrative Law presents a thorough account of the administrative state and the mechanisms that exist to bring it to account for its actions. It contextualises the theory and explanation of administrative law through carefully chosen case studies and events that offer practical examples of the principles discussed and how they are applied. The third edition has been thoroughly updated to incorporate recent legal developments and includes expanded discussion of 'materiality' in the context of jurisdictional error. The examples used illustrate the operation of legal principles and reflect contemporary social and political circumstances. Written by a team of experts, and known for its clear, consistent and straightforward narrative with logical progression, Government Accountability remains a student-friendly guide to complex administrative law concepts. Government Accountability: Australian Administrative Law is accompanied by a casebook, Government Accountability Sources and Materials: Australian Administrative Law, which provides curated cases and primary legal materials with helpful commentary.

Taxation Without Representation

Taxation Without Representation
Author: Michael Littlewood
Publisher: Hong Kong University Press
Total Pages: 375
Release: 2010-01-01
Genre: Business & Economics
ISBN: 9622090990

This book tells an instructive tale of Hong Kong's tax system from 1940 (when taxes on income were first introduced in the territory) until the present day. For Hong Kong's own historians and political scientists, it supplies cogent but previously neglected evidence of the influence of the territory's business interests. For students of British imperialism, it provides a compelling case-study of relations between London and a recalcitrant colony. For Hong Kong's own tax profession, it corrects the notion that the territory's tax system was the product of governmental design. And for tax theorists and taxpayers everywhere, it suggests how it might be possible to structure a combination of very light taxes and very low public spending so as to win broad popular support.--Michael Littlewood is a member of the Faculty of Law at the University of Auckland, where he teaches tax. His work has been published in the U.S., the U.K., Hong Kong, China, the Netherlands, Australia and New Zealand. He lived in Hong Kong from 1989 until 2003.--"An excellent read ... partly a matter of 'who done it?' but, even more so, of 'how did they get away with it?' Dr. Littlewood's book will prove indispensable for anyone wanting to use the Hong Kong precedent to argue for a flat rate tax system in their own country." - John Tiley, Professor of Tax Law, University of Cambridge--"Fascinating ... [This book is] a first-rate history and raises troubling questions about the necessity of linking taxes and democratic choice. The book also raises intriguing doubts about whether low taxes and low services may be an acceptable alternative model to the prevalent high-tax, high-services Western welfare state. This book should be required reading for students of political science, history, sociology and law." - Reuven Avi-Yonah, Irwin I. Kohn Professor of Law, University of Michigan-----

Administrative Law

Administrative Law
Author: Steven Cann
Publisher: Routledge
Total Pages: 615
Release: 2018-06-14
Genre: Social Science
ISBN: 1351729144

This title was first published in 2002. Designed to complement the first volume on administrative law which was published as part of the original series of "The International Library of Essays in Law and Legal Theory", the articles contained in this volume pick up on themes dealt with in the first, while others reflect different concerns and new developments in administrative law scholarship. It offers a representative sample of the best contemporary writing in administrative law - theoretical, empirical and doctrinal. What ties all the essays in this volume together is not that they fall within the province of administrative law, but that they are all concerned with the legal framework within which government business is conducted, and government policies are pursued, by executive action.

Secured Transactions Law Reform

Secured Transactions Law Reform
Author: Louise Gullifer
Publisher: Bloomsbury Publishing
Total Pages: 601
Release: 2016-10-20
Genre: Law
ISBN: 1509903119

Secured transactions law has been subjected to a close scrutiny over the last two decades. One of the main reasons for this is the importance of availability of credit and the consequent need to reform collateral laws in order to improve access to finance. The ability to give security effectively influences not only the cost of credit but also, in some cases, whether credit will be available at all. This requires rules that are transparent and readily accessible to non-lawyers as well as rules that recognise the needs of small and medium-sized enterprises. This book critically engages with the challenges posed by inefficient secured credit laws. It offers a comparative analysis of the reasons and the needs for a secured transactions law reform, as well as discussion of the steps taken in many common law, civil law and mixed law jurisdictions. The book, written under the auspices of the Secured Transactions Law Reform Project, informs the debate about reform and advances novel arguments written by world renowned experts that will build upon the existing literature, and as such will be of interest to academics, legal practitioners and the judiciary involved in secured transactions law around the world. The text considers reform initiatives that have taken place up to the end of April 2016. It has not been possible to incorporate events since then into the discussion. However, notable developments include the banks decree passed by the Italian Government on 29th June 2016, and the adoption of the Model Law on Secured Transactions by UNCITRAL on 1st July 2016.

Controlling Administrative Power

Controlling Administrative Power
Author: Peter Cane
Publisher: Cambridge University Press
Total Pages: 609
Release: 2016-03-29
Genre: Law
ISBN: 1316558932

This wide-ranging comparative account of the legal regimes for controlling administrative power in England, the USA and Australia argues that differences and similarities between control regimes may be partly explained by the constitutional structures of the systems of government in which they are embedded. It applies social-scientific and historical methods to the comparative study of law and legal systems in a novel and innovative way, and combines accounts of long-term and large-scale patterns of power distribution with detailed analysis of features of administrative law and the administrative justice systems of three jurisdictions. It also proposes a new method of analysing systems of government based on two different models of the distribution of public power (diffusion and concentration), a model which proves more illuminating than traditional separation-of-powers analysis.