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Administrative law probably touches each of us as citizens in more ways than any other area of law. It is the body of law that ensures that governments (and government officials) deal with us in a manner that is both lawful and fair. It governs the myriad of relationships that we, as citizens, have with our governments at every turn, from our dealings with Revenue Canada, to the application for a municipal building permit. David Mullan is one of Canada's leading scholars in the area of administrative law. His book not only provides a clear overview and analysis of this important field, it also explores the complex issues involved in balancing effective and efficient government with the protection of individual interests and concerns.
Understanding Administrative Law in the Common Law World by Paul Daly Pdf
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.
Unjust by Design describes a system in need of major restructuring. Written by a respected critic, it presents a modern theory of administrative justice fit for that purpose. It also provides detailed blueprints for the changes the author believes would be necessary if justice were to in fact assume its proper role in Canada’s administrative justice system.
With this new edition, Administrative Law: Cases and Materials continues to present the complex substance of administrative law in a format that is both intellectually satisfying and easily understandable. Prior to publication the book was used at the University of Minnesota where the students found administrative law to be both an exciting and rewarding endeavor. In addition to carefully examining current law, students will become familiar with the relevant historical perspectives so necessary to appreciate the dynamics of today's law. They will become familiar with the so-called progressive movement and its regulatory offspring, the independent agency, with the New Deal regulatory agenda, with the post-World War II consensus embodying the Administrative Procedure Act, with the problem of capture, with aggressive modes of judicial review in response, with the problem ossification of rule-making, and with an array of judicial reinterpretations of settled precedents. This focus on doctrinal coherence and historical background provides a rich intellectual experience. This new Second Edition also: Includes new cases through 2010 Term of the Supreme Court, including Free Enterprise Fund v. Public Company Accounting Oversight Board, the latest separation-of-powers decision by the U.S. Supreme Court, and last year's FCC v. Fox Telev. Stations, Inc. gloss on hard-look judicial review; Focuses upon the relationships among various administrative law doctrines, such as the relation between the substantial-evidence and arbitrary-and-capricious review standards and the relations between those review standards and the Chevron/Skidmore deference standards; and Examines split-enforcement agencies such as OSHA establishes as well as analogous structures in the benefit agencies in addition to omnipresent unitary regulatory agency. This book also is available in an alternative loose-leaf version printed on 8.5 x 11 inch paper with wider margins and with the same pagination as the hardbound book.
Author : Philip Hamburger Publisher : University of Chicago Press Page : 646 pages File Size : 44,8 Mb Release : 2014-05-27 Category : Law ISBN : 9780226116457
Is Administrative Law Unlawful? by Philip Hamburger Pdf
“Hamburger argues persuasively that America has overlaid its constitutional system with a form of governance that is both alien and dangerous.” —Law and Politics Book Review While the federal government traditionally could constrain liberty only through acts of Congress and the courts, the executive branch has increasingly come to control Americans through its own administrative rules and adjudication, thus raising disturbing questions about the effect of this sort of state power on American government and society. With Is Administrative Law Unlawful?, Philip Hamburger answers this question in the affirmative, offering a revisionist account of administrative law. Rather than accepting it as a novel power necessitated by modern society, he locates its origins in the medieval and early modern English tradition of royal prerogative. Then he traces resistance to administrative law from the Middle Ages to the present. Medieval parliaments periodically tried to confine the Crown to governing through regular law, but the most effective response was the seventeenth-century development of English constitutional law, which concluded that the government could rule only through the law of the land and the courts, not through administrative edicts. Although the US Constitution pursued this conclusion even more vigorously, administrative power reemerged in the Progressive and New Deal Eras. Since then, Hamburger argues, administrative law has returned American government and society to precisely the sort of consolidated or absolute power that the US Constitution—and constitutions in general—were designed to prevent. With a clear yet many-layered argument that draws on history, law, and legal thought, Is Administrative Law Unlawful? reveals administrative law to be not a benign, natural outgrowth of contemporary government but a pernicious—and profoundly unlawful—return to dangerous pre-constitutional absolutism.
Administrative Law: The Sources and Limits of Government Agency Power explains the sources of administrative agency authority in the United States, how agencies make rules, the rights of clients and citizens in agency hearings, and agency interaction with other branches of government. This concise text examines the everyday challenges of administrative responsibilities and provides students with a way to understand and manage the complicated mission that is governance. Written by leading scholar Daniel Feldman, the book avoids technical legal language, but at the same time provides solid coverage of legal principles and exemplar studies, which allows students to gain a clear understanding of a complicated and critical aspect of governance.
'Administrative Law' uses a small number of key cases in depth throughout the text to illustrate and explain the subject within a practical, real-world context. It is a guide to the constitutional principles of English administrative law, and a detailed account of how those principles are applied.
The Province of Administrative Law by Michael Taggart Pdf
During the past decade, administrative law has experienced remarkable development. It has consistently been one of the most dynamic and potent areas of legal innovation and of judicial activism. It has expanded its reach into an ever broadening sphere of public and private activities. Largely through the mechanism of judicial review, the judges in several jurisdictions have extended the ambit of the traditional remedies, partly in response to a perceived need to fill an accountability vacuum created by the privatisation of public enterprises, the contracting-out of public services, and the deregulation of industry and commerce. The essays in this volume focus upon these and other shifts in administrative law, and in doing so they draw upon the experiences of several jurisdictions: the UK, the US, Canada, Australia and New Zealand. The result is a wide-ranging and forceful analysis of the scope, development and future direction of administrative law.
