The Implications For Access To Justice Of The Government S Proposals To Reform Judicial Review Hl 174 Hc 868

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The Implications for Access to Justice of the Government's Proposals to Reform Judicial Review - HL 174, HC 868

Great Britain: Parliament: Joint Committee on Human Rights
The Implications for Access to Justice of the Government s Proposals to Reform Judicial Review HL 174 HC 868 Book PDF

Author : Great Britain: Parliament: Joint Committee on Human Rights
Publisher : The Stationery Office
Page : 60 pages
File Size : 52,6 Mb
Release : 2014-04-30
Category : Business & Economics
ISBN : 9780108554469

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The Implications for Access to Justice of the Government's Proposals to Reform Judicial Review - HL 174, HC 868 by Great Britain: Parliament: Joint Committee on Human Rights Pdf

According to the report The Implications For Access To Justice Of The Government's Proposals To Reform Judicial Review HC (868), the number of judicial reviews has remained remarkably steady when the increase in the number of immigration judicial reviews (now handled by the Upper Tribunal) is disregarded. The report covers: procedural defects and substantive outcomes; legal aid for judicial review cases; interveners and costs; capping of costs (protective costs orders); alternatives to the Government's judicial review reforms; judicial review and the public sector equality duty.

Access to Justice

Ellie Palmer,Tom Cornford,Yseult Marique,Audrey Guinchard
Access to Justice Book PDF

Author : Ellie Palmer,Tom Cornford,Yseult Marique,Audrey Guinchard
Publisher : Bloomsbury Publishing
Page : 399 pages
File Size : 51,9 Mb
Release : 2016-01-28
Category : Law
ISBN : 9781849469333

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Access to Justice by Ellie Palmer,Tom Cornford,Yseult Marique,Audrey Guinchard Pdf

Building on a series of ESRC funded seminars, this edited collection of expert papers by academics and practitioners is concerned with access to civil and administrative justice in constitutional democracies, where, for the past decade governments have reassessed their priorities for funding legal services: embracing 'new technologies' that reconfigure the delivery and very concept of legal services; cutting legal aid budgets; and introducing putative cost-cutting measures for the administration of courts, tribunals and established systems for the delivery of legal advice and assistance. Without underplaying the future potential of technological innovation, or the need for a fair and rational system for the prioritisation and funding of legal services, the book questions whether the absolutist approach to the dictates of austerity and the promise of new technologies that have driven the Coalition Government's policy, can be squared with obligations to protect the fundamental right of access to justice, in the unwritten constitution of the United Kingdom.

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 : 40,5 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.

Complete Public Law

Lisa Webley,Harriet Samuels
Complete Public Law Book PDF

Author : Lisa Webley,Harriet Samuels
Publisher : Oxford University Press, USA
Page : 761 pages
File Size : 50,6 Mb
Release : 2015
Category : Public law
ISBN : 9780198714491

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Complete Public Law by Lisa Webley,Harriet Samuels Pdf

'Complete Public Law' combines extracts from key primary and secondary materials with jargon-free text to provide a resource for the student new to the study of constitutional and administrative law.

Parliament and the Law

Alexander Horne,Gavin Drewry
Parliament and the Law Book PDF

Author : Alexander Horne,Gavin Drewry
Publisher : Bloomsbury Publishing
Page : 416 pages
File Size : 46,6 Mb
Release : 2018-02-22
Category : Law
ISBN : 9781509908721

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Parliament and the Law by Alexander Horne,Gavin Drewry Pdf

Parliament and the Law (Second Edition) is an edited collection of essays, supported by the UK's Study of Parliament Group, including contributions by leading constitutional lawyers, political scientists and parliamentary officials. It provides a wide-ranging overview of the ways in which the law applies to, and impacts upon, the UK Parliament, and it considers how recent changes to the UK's constitutional arrangements have affected Parliament as an institution. It includes authoritative discussion of a number of issues of topical concern, such as: the operation of parliamentary privilege, the powers of Parliament's select committees, parliamentary scrutiny, devolution, English Votes for English Laws, Members' conduct and the governance of both Houses. It also contains chapters on financial scrutiny, parliamentary sovereignty, Parliament and human rights, and the administration of justice. Aimed mainly at legal academics, practitioners, and political scientists, it will also be of interest to anyone who is curious about the many fascinating ways in which the law interacts with and influences the work, the constitutional status and the procedural arrangements of the Westminster Parliament.

Seeking Asylum in the European Union

Céline Bauloz,Meltem Ineli-Ciger,Sarah Singer,Vladislava Stoyanova
Seeking Asylum in the European Union Book PDF

Author : Céline Bauloz,Meltem Ineli-Ciger,Sarah Singer,Vladislava Stoyanova
Publisher : BRILL
Page : 311 pages
File Size : 55,9 Mb
Release : 2015-05-27
Category : Law
ISBN : 9789004290167

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Seeking Asylum in the European Union by Céline Bauloz,Meltem Ineli-Ciger,Sarah Singer,Vladislava Stoyanova Pdf

Seeking Asylum in the European Union provides critical analyses of selected problems that scholars and policy-makers will have to address in the ‘second phase’ of the Common European Asylum System: the comprehensive recast of European asylum legislation completed in 2013. With a foreword by Professor Hélène Lambert.

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 : Bloomsbury Publishing
Page : 320 pages
File Size : 41,8 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.

The Coalition Effect, 2010–2015

Anthony Seldon,Mike Finn,Illias Thoms
The Coalition Effect 2010 2015 Book PDF

Author : Anthony Seldon,Mike Finn,Illias Thoms
Publisher : Cambridge University Press
Page : 645 pages
File Size : 41,5 Mb
Release : 2015-03-26
Category : Political Science
ISBN : 9781107080614

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The Coalition Effect, 2010–2015 by Anthony Seldon,Mike Finn,Illias Thoms Pdf

The essential verdict on Britain's first coalition government since the Second World War delivered by an unrivalled team of experts.

Text, Cases and Materials on Public Law and Human Rights

Helen Fenwick,Gavin Phillipson,Alexander Williams
Text Cases and Materials on Public Law and Human Rights Book PDF

Author : Helen Fenwick,Gavin Phillipson,Alexander Williams
Publisher : Routledge
Page : 1060 pages
File Size : 45,5 Mb
Release : 2020-12-14
Category : Law
ISBN : 9781135071332

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Text, Cases and Materials on Public Law and Human Rights by Helen Fenwick,Gavin Phillipson,Alexander Williams Pdf

This book interweaves an authoritative authorial commentary – significantly expanded from the last edition - with extracts from a diverse and contemporary collection of cases and materials from three leading academics in the field. It provides an all-encompassing student guide to constitutional, administrative and UK human rights law. This fourth edition provides comprehensive coverage of all recent developments, including the Fixed Term Parliaments Act 2011, restrictions on judicial review (Criminal Justice and Courts Act 2015), changes to judicial appointments (Crime and Courts Act 2013), the 2014 Scottish Independence Referendum, Scotland Act 2016 and draft Wales Bill 2016. Recent devolution cases in the Supreme Court, including Imperial Tobacco (2012) and Asbestos Diseases (2015) are fully analysed, as is the 2015 introduction of English Votes for English Laws. The remarkable Evans (2015) ‘Black Spider memos’ case is considered in a number of chapters. The common law rights resurgence seen in Osborn (2013), BBC (2014) and Kennedy (2014) is analysed in several places, along with other key developments in judicial review such as Keyu (2015) and Pham (2015). Ongoing parliamentary reform in both Lords and Commons, including major advances in controlling prerogative powers, are fully explained, as is the adaptation of the core Executive to Coalition Government (2010-2015). There is comprehensive coverage of key Strasbourg and HRA cases (Horncastle (2010), Nicklinson (2014), Moohan (2014), Carlile (2014)), and those in core areas of freedom of expression, police powers and public order (Animal Defenders (2013), Beghal (2015), Roberts (2015), Miranda (2016)) and the prisoners’ voting rights saga, up to Chester (2015).

HL 75 - The Office of Lord Chancellor

The Stationery Office
HL 75 The Office of Lord Chancellor Book PDF

Author : The Stationery Office
Publisher : The Stationery Office
Page : 56 pages
File Size : 45,5 Mb
Release : 2014
Category : Business & Economics
ISBN : 9780108557453

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HL 75 - The Office of Lord Chancellor by The Stationery Office Pdf

The rule of law is a fundamental tenet of the United Kingdom constitution. In the context of the Government, it means more than simple compliance with the letter of the law: it means governing in accordance with constitutional principles. The Lord Chancellor has traditionally had a key role to play, both by defending the independence of the judiciary and by ensuring that the rule of law is respected within Government. The Constitutional Reform Act 2005 substantially changed the office of Lord Chancellor. The Lord Chancellor is no longer the head of the judiciary or speaker of the House of Lords, and since 2007 the office has been combined with that of the Secretary of State for Justice. Yet the duty of the Lord Chancellor in relation to the rule of law remains unchanged. It has become more difficult for post-reform Lord Chancellors with their wider policy responsibilities, more overtly political positions as Secretaries of State for Justice and their reduced role in relation to the judiciary to carry out this duty in relation to the rule of law. Whilst responsibility for constitutional change passed to the Deputy Prime Minister in 2010, the Committee have heard no evidence that he, or any other minister, currently takes responsibility for the state of the constitution as a whole. The Committee concludes that, despite significant changes to the office of Lord Chancellor, it still retains important constitutional duties and responsibilities that go beyond those of other ministers and recommends that the office and its associated responsibilities be retained and strengthened with an amended oath.

Free Market Criminal Justice

Darryl K. Brown
Free Market Criminal Justice Book PDF

Author : Darryl K. Brown
Publisher : Oxford University Press
Page : 248 pages
File Size : 45,7 Mb
Release : 2015-12-22
Category : Law
ISBN : 9780190457884

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Free Market Criminal Justice by Darryl K. Brown Pdf

Free Market Criminal Justice explains how faith in democratic politics and free markets has undermined the rule of law in US criminal process. America's unique political development, characterized by skepticism of government power, has restrained the state's role not only in the economic realm but also in key parts of its criminal justice systems. From charging decisions through trials or guilty pleas and appeals, legal safeguards against bias, wrongful convictions, and excessive punishment rely more on politics and laissez-faire economic ideas than on enforceable rules and duties. Prosecutorial discretion is checked not by legal standards but by popular elections, and plea bargaining law is wholly built on a faith in unregulated markets-in contrast to the systems in other common law countries that also have neoliberal economies, adversarial process, and high guilty plea rates. This book argues that democratic and market ideas have led to more partisan prosecutors, narrower duties of evidence disclosure, and to a right to defense counsel that carefully accommodates preexisting wealth inequalities. Most important, democratic and market values have diminished the responsibility of judges-and of the state itself-for the accuracy and integrity of court judgments. Paradoxically, skepticism of government has expanded state power, reduced checks on executive officials, marginalized juries, and contributed to record incarceration rates. In contrast to recent arguments for re-invigorating democracy in criminal process, Free Market Criminal Justice argues that, to strengthen the rule of law, US criminal justice needs less democracy, fewer market mechanisms, and more law.

Administrative Law

C. F. Forsyth,William Wade
Administrative Law Book PDF

Author : C. F. Forsyth,William Wade
Publisher : Oxford University Press, USA
Page : 959 pages
File Size : 45,9 Mb
Release : 2014
Category : Law
ISBN : 9780199683703

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Administrative Law by C. F. Forsyth,William Wade Pdf

"[This book provides an] account of the principles of judicial review and the administrative arrangements of the United Kingdom."--

The Principle of Effective Legal Protection in Administrative Law

Zoltán Szente,Konrad Lachmayer
The Principle of Effective Legal Protection in Administrative Law Book PDF

Author : Zoltán Szente,Konrad Lachmayer
Publisher : Routledge
Page : 416 pages
File Size : 49,9 Mb
Release : 2016-08-05
Category : Law
ISBN : 9781317019244

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The Principle of Effective Legal Protection in Administrative Law by Zoltán Szente,Konrad Lachmayer Pdf

This collection presents a comparative analysis of the principle of effective legal protection in administrative law in Europe. It examines how European states consider and enforce the related requirements in their domestic administrative law. The book is divided into three parts: the first comprises a theoretical introductory chapter along with perspectives from International and European Law; part two presents 15 individual country reports on the principle of effective legal protection in mostly EU member states. The core function of the reports is to provide an analysis of the domestic instruments and procedures. Adopting a contextual approach, they consider the historical, political and legal circumstances as well as analysing the relevant case law of the domestic courts; the third part provides a comparative analysis of the country reports. The final chapter assesses the influence and relevance of EU law and the ECHR. The book thus identifies the most important trends and makes a valuable contribution to the debate around convergence and divergence in European national administrative systems. The Open Access version of this book, available at https://www.taylorfrancis.com/books/principle-effective-legal-protection-administrative-law-zolt%C3%A1n-szente-konrad-lachmayer/e/10.4324/9781315553979 , has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 licens

Public Law

Andrew Le Sueur
Public Law Book PDF

Author : Andrew Le Sueur
Publisher : Oxford University Press
Page : 732 pages
File Size : 55,6 Mb
Release : 2023-06-04
Category : Electronic
ISBN : 9780192870612

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Public Law by Andrew Le Sueur Pdf

Public Law: Text, Cases, and Materials offers a fresh approach to the study of constitutional and administrative law by exploring how the law works in practice.The inclusion of extracts from key cases, government reports and academic articles demonstrates the law in action and the incisive commentary that accompanies them explains the significance of each. The expert authors have distilled their knowledge of the institutions and legal principles intoconcise, focused prose, and they encourage reflection through regular questions and hypothetical examples.This leading text provides students with a thorough and wide-ranging knowledge of public law, together with a full understanding of the theoretical and political debates in this fascinating and dynamic area of law.Digital formats and resourcesThe fifth edition is available for students and institutions to purchase in a variety of formats, and is supported by online resources.- The e-book offers a mobile experience and convenient access along with functionality tools, navigation features and links that offer extra learning support: www.oxfordtextbooks.co.uk/ebooks- The online resources that support the book include multiple-choice questions with answer feedback for students to test their understanding

HL 49, HC 746 - Legislative Scrutiny: (1) Serious Crime Bill, (2) Criminal Justice and Courts Bill (Second Report) and (3) Armed Forces (Service Complaints and Financial Assistance Bill

The Stationery Office
HL 49 HC 746 Legislative Scrutiny 1 Serious Crime Bill 2 Criminal Justice and Courts Bill Second Report and 3 Armed Forces Service Complaints and Financial Assistance Bill Book PDF

Author : The Stationery Office
Publisher : The Stationery Office
Page : 64 pages
File Size : 48,9 Mb
Release : 2014
Category : Business & Economics
ISBN : 9780108557279

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HL 49, HC 746 - Legislative Scrutiny: (1) Serious Crime Bill, (2) Criminal Justice and Courts Bill (Second Report) and (3) Armed Forces (Service Complaints and Financial Assistance Bill by The Stationery Office Pdf

Recommends amendments to the Health and Social Care Bill to ensure that private (or voluntary) sector care homes which accommodate publicly-funded residents are brought within the scope of the Human Rights Act. House of Commons papers 303 2007-08.