English Administrative Law From 1550

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English Administrative Law from 1550

Author : Paul Craig
Publisher : Oxford University Press
Page : 785 pages
File Size : 43,5 Mb
Release : 2024-05-09
Category : Law
ISBN : 9780198908340

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English Administrative Law from 1550 by Paul Craig Pdf

The commonly held view about English administrative law is that it is of recent origin, with some dating it from the mid-20th century and some venturing back to the late 19th century. English Administrative Law from 1550: Continuity and Change upends this conventional thinking, charting its development from the mid-16th century with an in-depth examination of administrative law doctrine based on primary legal materials, statute, and case law. This book is divided into four parts. Part 1 sets out the book's principal thesis, contrasting standard perceptions concerning the existence of English administrative law with the reality of its emergence from the mid-16th century. Part 2 is concerned with Regulation and Administration from the mid-16th century to the end of the 19th century. There is detailed analysis of the regulatory and administrative state, which includes chapters on the way in which administrative policy was developed through individual decision-making and rulemaking, and the role played by contract in service delivery. Part 3 deals with Courts and Doctrine. It begins with discussion of foundational precepts followed by chapters on natural justice; review of law and fact; rights; delegation, fettering and purpose; reasonableness; proportionability; prerogative; and third and fourth source power. Part 4 of the book covers Remedies and Review, with chapters on invalidity; standing; the prerogative writs; injunction, declaration, quo warranto and habeas corpus; and damages and restitutionary liability. With thought-provoking and original insights, English Administrative Law from 1550 systematically elaborates and contextualizes the origins of administrative law features while linking them to their modern-day equivalents.

English Administrative Law from 1550

Author : Paul Craig
Publisher : Oxford University Press
Page : 785 pages
File Size : 42,7 Mb
Release : 2024-08-09
Category : Law
ISBN : 9780198908326

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English Administrative Law from 1550 by Paul Craig Pdf

English Administrative Law from 1550 systematically elaborates and contextualizes the origins of administrative law. It upends conventional thinking, charting the development of administrative law from the mid-16th century with an in-depth examination of primary legal materials, statute, and case law.

Seeking Sanctuary

Author : Shannon McSheffrey
Publisher : Oxford University Press
Page : 232 pages
File Size : 42,6 Mb
Release : 2017
Category : History
ISBN : 9780198798149

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Seeking Sanctuary by Shannon McSheffrey Pdf

"Seeking Sanctuary' explores a curious aspect of premodern English law: the right of felons to shelter in a church or ecclesiastical precinct, remaining safe from arrest and trial in the king's courts ... Although for decades after 1400 sanctuary-seeking was indeed fairly rare, the evidence in the legal records shows the numbers of felons seeing refuge in churches began to climb again in the late fifteenth century and reached its peak in the period between 1525 and 1535."-- Back cover.

Capitalism Before Corporations

Author : ANDREAS. TELEVANTOS
Publisher : Unknown
Page : 225 pages
File Size : 53,5 Mb
Release : 2021-01-27
Category : Electronic
ISBN : 9780198870340

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Capitalism Before Corporations by ANDREAS. TELEVANTOS Pdf

The book examines the extent to which English law facilitated trade before it was possible to create corporations for purely private business purposes. It looks at the extent to which the common law recognised the associational rights of business persons, and its relation with contemporary moral and economic thinking.

EU Administrative Law

Author : Paul Craig
Publisher : Oxford University Press
Page : 944 pages
File Size : 54,5 Mb
Release : 2018-10-25
Category : Law
ISBN : 9780192567451

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EU Administrative Law by Paul Craig Pdf

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.

Subject Catalog of the Institute of Governmental Studies Library, University of California, Berkeley

Author : University of California, Berkeley. Institute of Governmental Studies. Library
Publisher : Macmillan Reference USA
Page : 794 pages
File Size : 47,6 Mb
Release : 1978
Category : Language Arts & Disciplines
ISBN : UCAL:D2628822

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Subject Catalog of the Institute of Governmental Studies Library, University of California, Berkeley by University of California, Berkeley. Institute of Governmental Studies. Library Pdf

Federal Ground

Author : Gregory Ablavsky
Publisher : Oxford University Press, USA
Page : 361 pages
File Size : 47,5 Mb
Release : 2021-02-16
Category : Law
ISBN : 9780190905699

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Federal Ground by Gregory Ablavsky Pdf

Federal Ground depicts the haphazard and unplanned growth of federal authority in the Northwest and Southwest Territories, the first U.S. territories established under the new territorial system. The nation's foundational documents, particularly the Constitution and the Northwest Ordinance, placed these territories under sole federal jurisdiction and established federal officials to govern them. But, for all their paper authority, these officials rarely controlled events or dictated outcomes. In practice, power in these contested borderlands rested with the regions' pre-existing inhabitants-diverse Native peoples, French villagers, and Anglo-American settlers. These residents nonetheless turned to the new federal government to claim ownership, jurisdiction, protection, and federal money, seeking to obtain rights under federal law. Two areas of governance proved particularly central: contests over property, where plural sources of title created conflicting land claims, and struggles over the right to use violence, in which customary borderlands practice intersected with the federal government's effort to establish a monopoly on force. Over time, as federal officials improvised ad hoc, largely extrajudicial methods to arbitrate residents' claims, they slowly insinuated federal authority deeper into territorial life. This authority survived even after the former territories became Tennessee and Ohio: although these new states spoke a language of equal footing and autonomy, statehood actually offered former territorial citizens the most effective way yet to make claims on the federal government. The federal government, in short, still could not always prescribe the result in the territories, but it set the terms and language of debate-authority that became the foundation for later, more familiar and bureaucratic incarnations of federal power.

A History of Law in Europe

Author : Antonio Padoa-Schioppa
Publisher : Cambridge University Press
Page : 823 pages
File Size : 42,6 Mb
Release : 2017-08-03
Category : History
ISBN : 9781107180697

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A History of Law in Europe by Antonio Padoa-Schioppa Pdf

The first English translation of a comprehensive legal history of Europe from the early middle ages to the twentieth century, encompassing both the common aspects and the original developments of different countries. As well as legal scholars and professionals, it will appeal to those interested in the general history of European civilisation.

Law and Authority in Early Modern England

Author : Thomas Garden Barnes
Publisher : University of Delaware Press
Page : 256 pages
File Size : 53,9 Mb
Release : 2007
Category : Law
ISBN : 0874139597

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Law and Authority in Early Modern England by Thomas Garden Barnes Pdf

Deals with four themes: common law and its rivals, the growth in parliamentary authority, the assertion of royal authority, and royal authority and the governed.

The State and Social Change in Early Modern England, 1550–1640

Author : S. Hindle
Publisher : Springer
Page : 338 pages
File Size : 55,7 Mb
Release : 2000-03-02
Category : History
ISBN : 9780230288461

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The State and Social Change in Early Modern England, 1550–1640 by S. Hindle Pdf

This is a study of the social and cultural implications of the growth of governance in England in the century after 1550. It is principally concerned with the role played by the middling sort in social and political regulation, especially through the use of the law. It discusses the evolution of public policy in the context of contemporary understandings, of economic change; and analyses litigation, arbitration, social welfare, criminal justice, moral regulation and parochial analyses administration as manifestations of the increasing role of the state in early modern England.

The British and Their Laws in the Eighteenth Century

Author : David Lemmings
Publisher : Boydell Press
Page : 278 pages
File Size : 45,9 Mb
Release : 2005
Category : History
ISBN : 1843831589

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The British and Their Laws in the Eighteenth Century by David Lemmings Pdf

New analysis and interpretation of law and legal institutions in the "long eighteenth century". Law and legal institutions were of huge importance in the governance of Georgian society: legislation expanded the province of administrative authority out of all proportion, while the reach of the common law and its communal traditions of governance diminished, at least outside British North America. But what did the rule of law mean to eighteenth-century people, and how did it connect with changing experiences of law in all their bewildering complexity?This question has received much recent critical attention, but despite widespread agreement about Law's significance as a key to unlock so much which was central to contemporary life, as a whole previous scholarship has only offered a fragmented picture of the Laws in their social meanings and actions. Through a broader-brush approach, The British and their Laws in the Eighteenth Century contributes fresh analyses of law in England andBritish settler colonies, c. 1680-1830; its expert contributors consider among other matters the issues of participation, central-local relations, and the maintenance of common law traditions in the context of increasing legislative interventions and grants of statutory administrative powers. Contributors: SIMON DEVEREAUX, MICHAEL LOBBAN, DOUGLAS HAY, JOANNA INNES, WILFRED PREST, C.W. BROOKS, RANDALL MCGOWEN, DAVID THOMAS KONIG, BRUCE KERCHER

Rural Conflict, Crime, and Protest

Author : Timothy Shakesheff
Publisher : Boydell Press
Page : 246 pages
File Size : 50,5 Mb
Release : 2003
Category : History
ISBN : 1843830183

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Rural Conflict, Crime, and Protest by Timothy Shakesheff Pdf

Evidence from the west of England balances that already available from the eastern regions of England. Rural Conflict, Crime and Protest makes a major contribution to the historiography of nineteenth century crime. The work presents a new analysis of several important and controversial themes: the concept of social crime, petty crime and protest in the English countryside between 1800 and 1860. The bulk of the research into rural crime has traditionally emanated from East Anglia, the south and the east; however, the bulk of the evidence for this bookhas come from Herefordshire, in the west of England, adding to the historiography of nineteenth century rural crime. Based upon a rich vein of primary source material and liberally interspersed with court room revelations and newspaper reports this work is both informative and scholarly and would make a useful addition to the bookshelves of academics and students alike, without excluding the casual reader. TIMOTHY SHAKESHEFF is lecturer in modern British social history at the University College, Worcester.

Priests of the Law

Author : Thomas J. McSweeney
Publisher : Oxford University Press, USA
Page : 305 pages
File Size : 54,8 Mb
Release : 2019
Category : History
ISBN : 9780198845454

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Priests of the Law by Thomas J. McSweeney Pdf

Priests of the Law tells the story of the first people in the history of the common law to think of themselves as legal professionals. In the middle decades of the thirteenth century, a group of justices working in the English royal courts spent a great deal of time thinking and writing about what it meant to be a person who worked in the law courts. This book examines the justices who wrote the treatise known as Bracton. Written and re-written between the 1220s and the 1260s, Bracton is considered one of the great treatises of the early common law and is still occasionally cited by judges and lawyers when they want to make the case that a particular rule goes back to the beginning of the common law. This book looks to Bracton less for what it can tell us about the law of the thirteenth century, however, than for what it can tell us about the judges who wrote it. The judges who wrote Bracton - Martin of Pattishall, William of Raleigh, and Henry of Bratton - were some of the first people to work full-time in England's royal courts, at a time when there was no recourse to an obvious model for the legal professional. They found one in an unexpected place: they sought to clothe themselves in the authority and prestige of the scholarly Roman-law tradition that was sweeping across Europe in the thirteenth century, modelling themselves on the jurists of Roman law who were teaching in European universities. In Bracton and other texts they produced, the justices of the royal courts worked hard to ensure that the nascent common-law tradition grew from Roman Law. Through their writing, this small group of people, working in the courts of an island realm, imagined themselves to be part of a broader European legal culture. They made the case that they were not merely servants of the king: they were priests of the law.

Enforcing Reformation in Ireland and Scotland, 1550–1700

Author : Crawford Gribben
Publisher : Routledge
Page : 269 pages
File Size : 41,8 Mb
Release : 2016-04-29
Category : History
ISBN : 9781317143468

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Enforcing Reformation in Ireland and Scotland, 1550–1700 by Crawford Gribben Pdf

The last few years have witnessed a growing interest in the study of the Reformation period within the three kingdoms of Britain, revolutionizing the way in which scholars think about the relationships between England, Scotland and Ireland. Nevertheless, it is a fact that the story of the British Reformation is still dominated by studies of England, an imbalance that this book will help to right. By adopting an international perspective, the essays in this volume look at the motives, methods and impact of enforcing the Protestant Reformation in Ireland and Scotland. The juxtaposition of these two countries illuminates the similarities and differences of their social and political situations while qualifying many of the conclusions of recent historical work in each country. As well as Investigating what 'reformation' meant in the early modern period, and examining its literal, rhetorical, doctrinal, moral and political implications, the volume also explores what enforcing these various reformations could involve. Taken as a whole, this volume offers a fascinating insight into how the political authorities in Scotland and Ireland attempted, with varying degrees of success, to impose Protestantism on their countries. By comparing the two situations, and placing them in the wider international picture, our understanding of European confessionalization is further enhanced.

A Concise History of the Common Law

Author : Theodore Frank Thomas Plucknett
Publisher : The Lawbook Exchange, Ltd.
Page : 828 pages
File Size : 48,7 Mb
Release : 2001
Category : Common law
ISBN : 9781584771371

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A Concise History of the Common Law by Theodore Frank Thomas Plucknett Pdf

Originally published: 5th ed. Boston: Little, Brown and Co., 1956.