Researching Public Law In Common Law Systems

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Researching Public Law in Common Law Systems

Paul Daly,Joe Tomlinson
Researching Public Law in Common Law Systems Book PDF

Author : Paul Daly,Joe Tomlinson
Publisher : Edward Elgar Publishing
Page : 307 pages
File Size : 53,5 Mb
Release : 2023-09-06
Category : Law
ISBN : 9781789904383

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Researching Public Law in Common Law Systems by Paul Daly,Joe Tomlinson Pdf

This original book fills a significant gap in legal literature by providing an exploration of research methodologies in public law; a field of research in which research methods are becoming increasingly prominent and sophisticated. Featuring thoughtful chapters written by leading scholars in the field, this book provides a thorough explanation of the key features, characteristics, and challenges of distinct methodological approaches to public law research.

Apex Courts and the Common Law

Paul Daly
Apex Courts and the Common Law Book PDF

Author : Paul Daly
Publisher : University of Toronto Press
Page : 423 pages
File Size : 51,8 Mb
Release : 2019-04-26
Category : Law
ISBN : 9781487504434

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Apex Courts and the Common Law by Paul Daly Pdf

For centuries, courts across the common law world have developed systems of law by building bodies of judicial decisions. In deciding individual cases, common law courts settle litigation and move the law in new directions. By virtue of their place at the top of the judicial hierarchy, courts at the apex of common law systems are unique in that their decisions and, in particular, the language used in those decisions, resonate through the legal system. Although both the common law and apex courts have been studied extensively, scholars have paid less attention to the relationship between the two. By analyzing apex courts and the common law from multiple angles, this book offers an entry point for scholars in disciplines related to law - such as political science, history, and sociology - who are seeking a deeper understanding and new insights as to how the common law applies to and is relevant within their own disciplines.

Understanding Administrative Law in the Common Law World

Paul Daly
Understanding Administrative Law in the Common Law World Book PDF

Author : Paul Daly
Publisher : Oxford University Press
Page : 321 pages
File Size : 51,6 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.

The Sovereignty of Law

T.R.S. Allan
The Sovereignty of Law Book PDF

Author : T.R.S. Allan
Publisher : Oxford University Press
Page : 370 pages
File Size : 50,6 Mb
Release : 2013-07-18
Category : Law
ISBN : 9780199685066

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The Sovereignty of Law by T.R.S. Allan Pdf

An original account of the British constitution, this book explains how the requirements of constitutional law depend on underlying considerations of legal and political theory and defends an account of the British constitution as a source of individual freedom, grounded in a persuasive interpretation of the common law constitutional tradition.

A Theory of Deference in Administrative Law

Paul Daly
A Theory of Deference in Administrative Law Book PDF

Author : Paul Daly
Publisher : Cambridge University Press
Page : 323 pages
File Size : 41,7 Mb
Release : 2012-06-28
Category : Law
ISBN : 9781107025516

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A Theory of Deference in Administrative Law by Paul Daly Pdf

Paul Daly develops a theory concerning the appropriate allocation of authority between courts and administrative bodies.

Common Law – Civil Law

Nicoletta Bersier,Christoph Bezemek,Frederick Schauer
Common Law Civil Law Book PDF

Author : Nicoletta Bersier,Christoph Bezemek,Frederick Schauer
Publisher : Springer Nature
Page : 194 pages
File Size : 51,7 Mb
Release : 2022-01-01
Category : Law
ISBN : 9783030877187

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Common Law – Civil Law by Nicoletta Bersier,Christoph Bezemek,Frederick Schauer Pdf

This book offers an in-depth analysis of the differences between common law and civil law systems from various theoretical perspectives. Written by a global network of experts, it explores the topic against the background of a variety of legal traditions.Common law and civil law are typically presented as antagonistic players on a field claimed by diverse legal systems: the former being based on precedent set by judges in deciding cases before them; the latter being founded on a set of rules intended to govern the decisions of those applying them. Perceived in this manner, common law and civil law differ in terms of the (main) source(s) of law; who is to create them; who is (merely) to draw from them; and whether the law itself is pure each step of the way, or whether the law’s purity may be tarnished when confronted with a set of contingent facts. These differences have deep roots in (legal) history – roots that allow us to trace them back to distinct traditions. Nevertheless, it is questionable whether the divide thus depicted is as great as it may seem: international and supranational legal systems unconcerned by national peculiarities appear to level the playing field. A normative understanding of constitutions seems to grant ever-greater authority to High Court decisions based on thinly worded maxims in countries that adhere to the civil law tradition. The challenges contemporary regulation faces call for ever-more detailed statutes governing the decisions of judges in the common law tradition. These and similar observations demand a structural reassessment of the role of judges, the power of precedent, the limits of legislation and other features often thought to be so different in common and civil law systems. The book addresses this reassessment.

The Unity of Public Law

Mark Elliott,Jason Varuhas,Shona Wilson Stark
The Unity of Public Law Book PDF

Author : Mark Elliott,Jason Varuhas,Shona Wilson Stark
Publisher : Unknown
Page : 128 pages
File Size : 52,8 Mb
Release : 2018
Category : Law and globalization
ISBN : 1509915214

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The Unity of Public Law by Mark Elliott,Jason Varuhas,Shona Wilson Stark Pdf

This major collection contains selected papers from the second Public Law Conference, an international conference hosted by the University of Cambridge in September 2016. The collection includes contributions by leading academics and judges from across the common law world, including senior judges from Australia, Canada, New Zealand and the UK. The contributions engage with the theme of unity (and disunity) from a number of perspectives, offering a rich panoply of insights into public law which significantly carry forward public law thinking across common law jurisdictions, setting the agenda for future research and legal development. Part 1 of the volume contains chapters which offer doctrinal and theoretical perspectives. Some chapters seek to articulate a unifying framework for understanding public law, while others seek to demonstrate the plurality of public law through the method of legal taxonomy. A number of chapters analyse whether different fields such as human rights and administrative law are merging, with others considering specific unifying themes or concepts in public law. The chapters in Part 2 offer comparative perspectives, charting and analysing convergence and divergence across common law systems. Specific topics include standing, proportionality, human rights, remedies, use of foreign precedents, legal transplants, and disunity and unity among subnational jurisdictions. The collection will be of great interest to those working in public law.--

Legitimate Expectations in the Common Law World

Matthew Groves,Greg Weeks
Legitimate Expectations in the Common Law World Book PDF

Author : Matthew Groves,Greg Weeks
Publisher : Bloomsbury Publishing
Page : 240 pages
File Size : 48,7 Mb
Release : 2017-01-12
Category : Law
ISBN : 9781509909490

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Legitimate Expectations in the Common Law World by Matthew Groves,Greg Weeks Pdf

The recognition and enforcement of legitimate expectations by courts has been a striking feature of English law since R v North and East Devon Health Authority; ex parte Coughlan [2001] 3 QB 213. Although the substantive form of legitimate expectation adopted in Coughlan was quickly accepted by English courts and received a generally favourable response from public law scholars, the doctrine of that case has largely been rejected in other common law jurisdictions. The central principles of Coughlan have been rejected by courts in common law jurisdictions outside the UK for a range of reasons, such as incompatibility with local constitutional doctrine, or because they mark an undesirable drift towards merits review. The sceptical and critical reception to Coughlan outside England is a striking contrast to the reception the case received within the UK. This book provides a detailed scholarly analysis of these issues and considers the doctrine of legitimate expectations both in England and elsewhere in the common law world.

A History of Law in Canada, Vol. 1

Philip Girard,Jim Phillips,R. Blake Brown
A History of Law in Canada Vol 1 Book PDF

Author : Philip Girard,Jim Phillips,R. Blake Brown
Publisher : University of Toronto Press
Page : 928 pages
File Size : 50,9 Mb
Release : 2018-01-01
Category : Law
ISBN : 9781487504632

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A History of Law in Canada, Vol. 1 by Philip Girard,Jim Phillips,R. Blake Brown Pdf

A History of Law in Canada is the first of two volumes. Volume one begins at a time just prior to European contact and continues to the 1860s, while volume two will start with Confederation and end at approximately 2000. The history of law includes substantive law, legal institutions, legal actors, and legal culture. The authors assume that since 1500 there have been three legal systems in Canada - the Indigenous, the French, and the English. At all times, these systems have co-existed and interacted, with the relative power and influence of each being more or less dominant in different periods. The history of law cannot be treated in isolation, and this book examines law as a dynamic process, shaped by and affecting other histories over the long term. The law guided and was guided by economic developments, was influenced and moulded by the nature and trajectory of political ideas and institutions, and variously exacerbated or mediated intercultural exchange and conflict. These themes are apparent in this examination, and through most areas of law including land settlement and tenure, and family, commercial, constitutional, and criminal law.

Public Law Adjudication in Common Law Systems

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

Author : John Bell,Mark Elliott,Jason NE Varuhas,Philip Murray
Publisher : Hart Publishing
Page : 0 pages
File Size : 46,8 Mb
Release : 2018-08-23
Category : Law
ISBN : 1509924450

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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.

Common Law Judging

Douglas E Edlin
Common Law Judging Book PDF

Author : Douglas E Edlin
Publisher : University of Michigan Press
Page : 281 pages
File Size : 47,6 Mb
Release : 2016-07-29
Category : Political Science
ISBN : 9780472130023

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Common Law Judging by Douglas E Edlin Pdf

Moving beyond the subjectivity-objectivity debate, Edlin presents a case for intersubjectivity

The Unity of Law

Rabinder Singh
The Unity of Law Book PDF

Author : Rabinder Singh
Publisher : Bloomsbury Publishing
Page : 320 pages
File Size : 42,8 Mb
Release : 2021-12-16
Category : Law
ISBN : 9781509949441

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The Unity of Law by Rabinder Singh Pdf

Sir Rabinder Singh has been one of the leading lights in the recent development of the common law, most notably in the field of human rights and the law of privacy. Here, for the first time, he reflects on the defining themes of his career as advocate and judge. Combining his trademark originality of thought and impeccable scholarship, he selects previously published and unpublished writings to track the evolution of his approach to the common law. A substantial introduction gives context to the book, while opening introductions to each piece reflect on their relevance to contemporary legal thought. The essays explore themes as diverse as judicial review, equality, and privacy and personal autonomy. Insightful, erudite, and thought-provoking, this collection is a must read for all those interested in the law and its role in society.

Major Legal Systems in the World Today

René David,John E. C. Brierley
Major Legal Systems in the World Today Book PDF

Author : René David,John E. C. Brierley
Publisher : Simon and Schuster
Page : 612 pages
File Size : 51,9 Mb
Release : 1978
Category : Comparative law
ISBN : 9780029076101

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Major Legal Systems in the World Today by René David,John E. C. Brierley Pdf

A significant introduction to the study of comparative law and a notable scholarly work, Major Legal Systems in the World Today analyzes the general characteristics which lie behind the development of the four principal legal systems of the world: the Civil law, the Common law, the Socialist law (primarily Soviet), and those based on religious or philosophical principles (Muslim, Hindu, Chinese, Japanese, and African). Providing unique insights into the spirt of each legal family, the book presents a total view of the historical foundation and the sources and structure of the law in each system.

Courts, Politics and Constitutional Law

Martin Belov
Courts Politics and Constitutional Law Book PDF

Author : Martin Belov
Publisher : Routledge
Page : 201 pages
File Size : 46,8 Mb
Release : 2019-10-16
Category : Law
ISBN : 9781000707977

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Courts, Politics and Constitutional Law by Martin Belov Pdf

This book examines how the judicialization of politics, and the politicization of courts, affect representative democracy, rule of law, and separation of powers. This volume critically assesses the phenomena of judicialization of politics and politicization of the judiciary. It explores the rising impact of courts on key constitutional principles, such as democracy and separation of powers, which is paralleled by increasing criticism of this influence from both liberal and illiberal perspectives. The book also addresses the challenges to rule of law as a principle, preconditioned on independent and powerful courts, which are triggered by both democratic backsliding and the mushrooming of populist constitutionalism and illiberal constitutional regimes. Presenting a wide range of case studies, the book will be a valuable resource for students and academics in constitutional law and political science seeking to understand the increasingly complex relationships between the judiciary, executive and legislature.

Judicial Review of Administrative Action Across the Common Law World

Swati Jhaveri,Michael Ramsden
Judicial Review of Administrative Action Across the Common Law World Book PDF

Author : Swati Jhaveri,Michael Ramsden
Publisher : Cambridge University Press
Page : 0 pages
File Size : 46,6 Mb
Release : 2022-09-29
Category : Law
ISBN : 1009306065

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Judicial Review of Administrative Action Across the Common Law World by Swati Jhaveri,Michael Ramsden Pdf

Research on comparative administrative law, in contrast to comparative constitutional law, remains largely underdeveloped. This book plugs that gap. It considers how a wide range of common law systems have received and adapted English common law to the needs of their own socio-political context. Readers will be given complex insights into a wide range of common law systems of administrative law, which they may not otherwise have access to given how difficult it would be to research all of the systems covered in the volume single-handedly. The book covers Scotland, Ireland, the USA, Canada, Israel, South Africa, Kenya, Malaysia, Singapore, Hong Kong SAR, India, Bangladesh, Australia and New Zealand. Comparative public lawyers will have a much greater range of common law models of administrative law - either to pursue conversations about their own common law system or to sophisticate their comparison of their system (civil law or otherwise) with common law systems.