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
Page : 269 pages
File Size : 48,7 Mb
Release : 2021-07-01
Category : Law
ISBN : 9789811612671

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

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.

Author : Marina Künnecke
Publisher : Springer Science & Business Media
Page : 273 pages
File Size : 47,8 Mb
Release : 2007-08-01
Category : Law
ISBN : 9783540486893

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Tradition and Change in Administrative Law by Marina Künnecke Pdf

Administrative legal systems are based on national constitutional legal traditions and cultural values. This book offers a historical and comparative analysis of English and German Administrative law. There is a growing need for comparative material and analysis in Administrative law - this book provides a valuable contribution to this field.

Author : Paul Daly
Publisher : Oxford University Press
Page : 321 pages
File Size : 44,9 Mb
Release : 2021
Category : Law
ISBN : 9780192896919

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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.

Author : Chris Backes,Mariolina Eliantonio
Publisher : Bloomsbury Publishing
Page : 1031 pages
File Size : 42,6 Mb
Release : 2019-08-08
Category : Law
ISBN : 9781509921485

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Cases, Materials and Text on Judicial Review of Administrative Action by Chris Backes,Mariolina Eliantonio Pdf

This casebook studies the law governing judicial review of administrative action. It examines the foundations and the organisation of judicial review, the types of administrative action, and corresponding kinds of review and access to court. Significant attention is also devoted to the conduct of the court proceedings, the grounds for review, and the standard of review and the remedies available in judicial review cases. The relevant rules and case law of Germany, England and Wales, France and the Netherlands are analysed and compared. The similarities and differences between the legal systems are highlighted. The impact of the jurisprudence of the European Court of Human Rights is considered, as well as the influence of EU legislative initiatives and the case law of the Court of Justice of the European Union, in the legal systems examined. Furthermore, the system of judicial review of administrative action before the European courts is studied and compared to that of the national legal systems. During the last decade, the growing influence of EU law on national procedural law has been increasingly recognised. However, the way in which national systems of judicial review address the requirements imposed by EU law differs substantially. The casebook compares the primary sources (legislation, case law etc) of the legal systems covered, and explores their differences and similarities: this examination reveals to what extent a ius commune of judicial review of administrative action is developing.

Author : Carol Harlow
Publisher : Edward Elgar Publishing
Page : 343 pages
File Size : 47,5 Mb
Release : 2023-02-14
Category : Law
ISBN : 9781800883765

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A Research Agenda for Administrative Law by Carol Harlow Pdf

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 : Peter Cane,Senior Research Fellow Peter Cane,Herwig C. H. Hofmann,Professor of European and Transnational Public Law Herwig C H Hofmann,Associate Professor of Law Eric C Ip,Eric C. Ip,Olimpiad S Ioffe Professor of International and Comparative Law Peter L Lindseth
Publisher : Oxford University Press, USA
Page : 1169 pages
File Size : 52,8 Mb
Release : 2021-01-17
Category : Law
ISBN : 9780198799986

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The Oxford Handbook of Comparative Administrative Law by Peter Cane,Senior Research Fellow Peter Cane,Herwig C. H. Hofmann,Professor of European and Transnational Public Law Herwig C H Hofmann,Associate Professor of Law Eric C Ip,Eric C. Ip,Olimpiad S Ioffe Professor of International and Comparative Law Peter L Lindseth Pdf

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 : Jaime Rodríguez-Arana Muñoz
Publisher : Springer
Page : 388 pages
File Size : 48,6 Mb
Release : 2015-12-11
Category : Law
ISBN : 9783319189741

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Recognition of Foreign Administrative Acts by Jaime Rodríguez-Arana Muñoz Pdf

This book presents an analysis of the concept of the administrative act and its classification as ‘foreign’, and studies the administrative procedure for adopting administrative acts in a range of countries in and outside Europe. While focusing on the recognition and execution of foreign administrative acts, the book examines the validity, efficacy and enforceability of foreign administrative acts at national level. The book starts with a general analysis of the issue, offering general conclusions about the experiences in different countries. It then analyses the aforementioned themes from the perspective of the domestic law of different European nations and a number of international organisations (European Union, MERCOSUR, and Andean Community). In addition, the book studies the role of the European Union in the progress towards the recognition and execution of foreign administrative acts, where the principle of mutual recognition plays a vital part. Finally, the book analyses the international conventions on the recognition and execution of administrative acts and on the legalisation of public documents.

Author : Armin Uhler
Publisher : Unknown
Page : 252 pages
File Size : 55,6 Mb
Release : 1942
Category : Administrative law
ISBN : UOM:39015020482363

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Review of Administrative Acts by Armin Uhler Pdf

Author : Dean R. Knight
Publisher : Cambridge University Press
Page : 309 pages
File Size : 45,8 Mb
Release : 2018-04-19
Category : LAW
ISBN : 9781107190245

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Vigilance and Restraint in the Common Law of Judicial Review by Dean R. Knight Pdf

Explores how courts vary the depth of scrutiny in judicial review and the virtues of different approaches.

Author : John Bell,Mark Elliott,Jason NE Varuhas,Philip Murray
Publisher : Bloomsbury Publishing
Page : 320 pages
File Size : 51,5 Mb
Release : 2016-04-07
Category : Law
ISBN : 9781849469937

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Public Law Adjudication in Common Law Systems by John Bell,Mark Elliott,Jason NE Varuhas,Philip Murray Pdf

This volume arises from the inaugural Public Law Conference hosted in September 2014 by the Centre for Public Law at the University of Cambridge, which brought together leading public lawyers from a number of common law jurisdictions. While those from such jurisdictions share background understandings, significant differences within the common law world create opportunities for valuable exchanges of ideas and debate. This collection draws upon one of the principal sub-themes that emerged during the conference – namely, the the way in which relationships and distinctions between the notions of 'process' and 'substance' play out in relation to and inform adjudication in public law cases. The essays contained in this volume address those issues from a variety of perspectives. While the bulk of the chapters consider topical issues in judicial review, either on common law or human rights grounds, or both, other chapters adopt more theoretical, historical, empirical or contextual approaches. Concluding chapters reflect generally on the papers in the collection and the value of facilitating cross-jurisdictional dialogue.

Author : Harry William Arthurs
Publisher : Unknown
Page : 312 pages
File Size : 44,9 Mb
Release : 1985-01-01
Category : History
ISBN : 0802056547

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"Without the Law" by Harry William Arthurs Pdf

Author : Anonim
Publisher : National Library Australia
Page : 1106 pages
File Size : 41,9 Mb
Release : 2024-07-02
Category : Electronic
ISBN : 8210379456XXX

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APAIS 1994: Australian public affairs information service by Anonim Pdf

Author : Swati Jhaveri,Michael Ramsden
Publisher : Cambridge University Press
Page : 447 pages
File Size : 40,9 Mb
Release : 2021-03-18
Category : Law
ISBN : 9781108481571

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Judicial Review of Administrative Action by Swati Jhaveri,Michael Ramsden Pdf

Explores the English origins of the principles of judicial review in common law jurisdictions and autochthonous pressures for their adaptation.

Author : David J. Mullan
Publisher : University of Toronto Press
Page : 513 pages
File Size : 52,7 Mb
Release : 2006-01-01
Category : Law
ISBN : 9780802092458

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Inside and Outside Canadian Administrative Law by David J. Mullan Pdf

The rise to prominence of administrative law in the second half of the twentieth century is often remarked upon as the greatest legal development of the period. In this process there has been considerable borrowing of ideas and learning from experiences elsewhere in the common law world. This volume brings together administrative law scholars and judges from around the globe to address important issues in the field and to honour the career of one of the leading administrative lawyers in the Anglo-Commonwealth world, Professor David Mullan. Editors Grant Huscroft and Michael Taggart have identified the broad themes in Mullan's work - procedural fairness; scope of review and deference; the interrelationship of administrative law and human rights; the legitimacy of state regulation and tribunal adjudication; common law comparativism - and invited contributions on those themes from leading scholars in Canada, the United Kingdom, Australia, South Africa, and the United States. A fitting tribute to a great scholar, Inside and Outside Canadian Administrative Law will prove fascinating to students, teachers, and practitioners of administrative law as well as policy makers and political scientists.

Author : Hanna Wilberg,Mark Elliott
Publisher : Bloomsbury Publishing
Page : 448 pages
File Size : 44,7 Mb
Release : 2015-11-26
Category : Law
ISBN : 9781509906192

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The Scope and Intensity of Substantive Review by Hanna Wilberg,Mark Elliott Pdf

Inspired by the work of Professor Michael Taggart, this collection of essays from across the common law world is concerned with two separate but related themes. First, to what extent and by what means should review on substantive grounds such as unreasonableness be expanded and intensified? Jowell, Elliott and Varuhas all agree with Taggart that proportionality should not 'sweep the rainbow', but propose different schemes for organising and conceptualising substantive review. Groves and Weeks, and Hoexter evaluate the state of substantive review in Australia and South Africa respectively. The second theme concerns the broader (Canadian) sense of substantive review including the illegality grounds, and whether deference should extend to these grounds. Cane and Aronson consider the relevance and impact of different constitutional and doctrinal settings. Wilberg and Daly address questions concerning when and how deference is to operate once it is accepted as appropriate in principle. Rights-based review is discussed in a separate third part because it raises both of the above questions. Geiringer, Sales and Walters examine the choices to be made in settling the approach in this area, each focusing on a different dichotomy. Taggart's work is notable for treating these various aspects of substantive review as parts of a broader whole, and for his search for an appropriate balance between judicial scrutiny and administrative autonomy across this entire area. By bringing together essays on all these topics, this volume seeks to build on that approach.