Legal Culture, Legality and the Determination of the Grounds of Judicial Review of Administrative Action in England and Australia

Legal Culture, Legality and the Determination of the Grounds of Judicial Review of Administrative Action in England and Australia
Author: Voraphol Malsukhum
Publisher: Springer Nature
Total Pages: 269
Release: 2021-07-01
Genre: Law
ISBN: 9811612676

This book presents a navigating framework of legal culture and legality to facilitate a comprehensive understanding of the English and Australian determination of the grounds of judicial review. This book facilitates tangible process of how and why jurisdictional error, jurisdictional fact, proportionality and substantive legitimate expectations are debatable in English law, while they are either completely rejected or firmly entrenched in Australian law. This book argues that these differences are not just random. Legality is not just a fig-leaf, but is profoundly rooted in legal systems’ legal culture; hence, it dictates the way in which courts empower, justify, constrain or limit the scope of judicial review. This book presents evidence that courts differ in legal systems and apply diverse ways to determine the scope of judicial review based on their deep understanding of legality, which is embedded in the legal culture of their legal system. This book uses comparative methodology and develops this framework between English and Australian law. Although obvious and important, this book presents a kind of examination that has never been undertaken in this depth and detail before.

Model Rules of Professional Conduct

Model Rules of Professional Conduct
Author: American Bar Association. House of Delegates
Publisher: American Bar Association
Total Pages: 216
Release: 2007
Genre: Law
ISBN: 9781590318737

The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Civil Trials Bench Book

Civil Trials Bench Book
Author:
Publisher:
Total Pages:
Release: 2007
Genre: Civil procedure
ISBN:

This book provides guidance for judicial officer in the conduct of civil proceedings, from preliminary matters to the conduct of final proceedings and the assessment of damages and costs. It contains concise statements of relevant legal principles, references to legislation, sample orders for judicial official to use where suitable and checklists applicable to various kinds of issues that arise in the course of managing and conducting civil litigation.

The Reign of Law

The Reign of Law
Author: Paul W. Kahn
Publisher: Yale University Press
Total Pages: 324
Release: 1997-01-01
Genre: Law
ISBN: 9780300083927

This is the first major work to apply to the rule of law the insights of modern cultural theory, ranging from Clifford Geertz to Michel Foucault. Starting from Thomas Paine's observation that "in America, law is king," Paul Kahn asks: What are the elements of our belief in the rule of law? And what are the rhetorical techniques by which the courts maintain this belief? Kahn centers his exploration on the 1803 Supreme Court case of Marbury v. Madison - still the greatest of our constitutional cases. Kahn shows that Marbury is the judicial response to President Thomas Jefferson's belief that his election represented a Second American Revolution. Kahn uses the confrontation between president and Court to analyze the contrasting ways in which the revolutionary and the legal imaginations understand and give shape to political events. This contest continues today in the conflicting demands we make for a politics that preserves the past yet celebrates popular innovation.

The German Federal Constitutional Court

The German Federal Constitutional Court
Author: Matthias Jestaedt
Publisher: Oxford University Press
Total Pages: 257
Release: 2020-03-05
Genre: Law
ISBN: 0192512102

This translation into English of the leading German-language work on the Federal Constitutional Court gives an overview of the court's history and role as one of the most influential constitutional courts in recent years. The book consists of four extended, free-standing essays written by each of the authors. The essays cover the historical development and political context of the Court; the Court and the constitution; the Court's approach to judicial reasoning; and the Court in contemporary constitutional theory.

Grounds for Grounding

Grounds for Grounding
Author: Elya B. Joffe
Publisher: John Wiley & Sons
Total Pages: 827
Release: 2011-09-20
Genre: Technology & Engineering
ISBN: 1118211510

GROUNDS FOR GROUNDING The first book to cover grounding from the circuit to system and across the entire spectrum of applications Grounds for Grounding provides a complete and thorough approach to the subject of designing electrical and electronic circuits and systems, blending theory and practice to demonstrate how a few basic rules can be applied across a broad range of applications. The authors begin with the basic concepts of Electromagnetic Compatibility (EMC) that are essential for understanding grounding theory and its applications, such as “ground loop,” which is one of the most misunderstood concepts in EMC. Next, they provide an introduction to grounding, including safety grounding, grounding for control of electromagnetic interference, and grounding-related case studies. Subsequent chapter coverage includes: Fundamentals of grounding design Bonding principles Grounding for power distribution and lightning protection systems Grounding in wiring circuits and cable shields Grounding of EMI terminal protection devices Grounding on printed circuit boards Integrated facility and platform grounding system Practical case studies are integrated throughout the book to aid in readers’ comprehension and each chapter concludes with a useful bibliography. Grounds for Grounding is an indispensable resource for electrical and electronic engineers who work with the design of circuits, systems, and facilities.

Law and Leviathan

Law and Leviathan
Author: Cass R. Sunstein
Publisher: Harvard University Press
Total Pages: 209
Release: 2020-09-15
Genre: Law
ISBN: 0674247531

From two legal luminaries, a highly original framework for restoring confidence in a government bureaucracy increasingly derided as “the deep state.” Is the modern administrative state illegitimate? Unconstitutional? Unaccountable? Dangerous? Intolerable? American public law has long been riven by a persistent, serious conflict, a kind of low-grade cold war, over these questions. Cass Sunstein and Adrian Vermeule argue that the administrative state can be redeemed, as long as public officials are constrained by what they call the morality of administrative law. Law and Leviathan elaborates a number of principles that underlie this moral regime. Officials who respect that morality never fail to make rules in the first place. They ensure transparency, so that people are made aware of the rules with which they must comply. They never abuse retroactivity, so that people can rely on current rules, which are not under constant threat of change. They make rules that are understandable and avoid issuing rules that contradict each other. These principles may seem simple, but they have a great deal of power. Already, without explicit enunciation, they limit the activities of administrative agencies every day. But we can aspire for better. In more robust form, these principles could address many of the concerns that have critics of the administrative state mourning what they see as the demise of the rule of law. The bureaucratic Leviathan may be an inescapable reality of complex modern democracies, but Sunstein and Vermeule show how we can at last make peace between those who accept its necessity and those who yearn for its downfall.

The Great Offshore Grounds

The Great Offshore Grounds
Author: Vanessa Veselka
Publisher: Vintage
Total Pages: 481
Release: 2021-06-29
Genre: Fiction
ISBN: 1984899570

NATIONAL BOOK AWARD NOMINEE • A wildly original, cross-country novel that subverts a long tradition of family narratives and casts new light on the mythologies—national, individual, and collective—that drive and define us. On the day of their estranged father’s wedding, half sisters Cheyenne and Livy set off to claim their inheritance. It’s been years since the two have seen each other. Cheyenne is newly back in Seattle, crashing with Livy after a failed marriage and a series of personal and professional dead ends. Livy works refinishing boats, her resentment against her freeloading sister growing as she tamps down dreams of fishing off the coast of Alaska. But the promise of a shot at financial security brings the two together to claim what’s theirs. Except, instead of money, what their father gives them is information—a name—which forces them to come to grips with a long-held family secret. In the face of their new reality, the sisters and their adopted brother each set out on journeys that will test their faith in one another, as well as their definitions of freedom. Moving from Seattle’s underground to the docks of the Far North, from the hideaways of the southern swamps to the storied reaches of the Great Offshore Grounds, Vanessa Veselka spins a tale with boundless verve, linguistic vitality, and undeniable tenderness.