The Scope And Intensity Of Substantive Review

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The Scope and Intensity of Substantive Review

Hanna Wilberg,Mark Elliott
The Scope and Intensity of Substantive Review Book PDF

Author : Hanna Wilberg,Mark Elliott
Publisher : Unknown
Page : 431 pages
File Size : 52,5 Mb
Release : 2015
Category : Judicial review
ISBN : 1474202705

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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."--Bloomsbury Publishing.

The Scope and Intensity of Substantive Review

Hanna Wilberg,Mark Elliott
The Scope and Intensity of Substantive Review Book PDF

Author : Hanna Wilberg,Mark Elliott
Publisher : Bloomsbury Publishing
Page : 448 pages
File Size : 44,6 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.

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 : 52,6 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.

Vigilance and Restraint in the Common Law of Judicial Review

Dean R. Knight
Vigilance and Restraint in the Common Law of Judicial Review Book PDF

Author : Dean R. Knight
Publisher : Cambridge University Press
Page : 309 pages
File Size : 40,8 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.

Judicial Review of Administrative Action

Swati Jhaveri,Michael Ramsden
Judicial Review of Administrative Action Book PDF

Author : Swati Jhaveri,Michael Ramsden
Publisher : Cambridge University Press
Page : 447 pages
File Size : 48,5 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.

The Oxford Handbook of Comparative Administrative Law

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
The Oxford Handbook of Comparative Administrative Law Book PDF

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 : 51,8 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.

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 : 51,6 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.

Reconstructing Judicial Review

Sarah Nason
Reconstructing Judicial Review Book PDF

Author : Sarah Nason
Publisher : Bloomsbury Publishing
Page : 370 pages
File Size : 50,9 Mb
Release : 2016-12-01
Category : Law
ISBN : 9781509904631

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Reconstructing Judicial Review by Sarah Nason Pdf

This book offers a new interpretation of judicial review in England and Wales as being concerned with the advancement of justice and good governance, as opposed to being concerned primarily with ultra vires or common law constitutionalism. It is developed both from examining the functions and values that ought to be served by judicial review, and from analysis of empirical 'social' facts about judicial review primarily as experienced in the Administrative Court. Based on ground-up case law analysis it constructs a new taxonomy on the grounds of judicial review: mistake, procedural impropriety, ordinary common law statutory interpretation, discretionary impropriety, relevant/irrelevant considerations, breach of an ECHR protected right or equality duty, and constitutional allocation of powers, constitutional rights, or other complex constitutional principles. It explains each of these grounds, what academic and judicial support there might be for them outside case law analysis, and their similarities and differences when viewed against popular existing taxonomies. It concludes that Administrative Court judges are engaged in ordinary common law statutory interpretation in approximately half of all cases, and that where discretionary judgement is involved on the part of the initial decision-maker, judges do indeed consider their task to be one of determining whether the challenged decision was justified by reasoning of adequate quality. It finds that judges apply ordinary common law principles of statutory interpretation with historical pedigrees, including assessing the initial decision-maker's reasoning with reference to statutory purpose, and sifting relevant from irrelevant considerations, including moral considerations. The result is a ground-breaking reassessment of the grounds of judicial review in England and Wales and the practice of the Administrative Court.

The Constitution of the Environmental Emergency

Jocelyn Stacey
The Constitution of the Environmental Emergency Book PDF

Author : Jocelyn Stacey
Publisher : Bloomsbury Publishing
Page : 283 pages
File Size : 44,8 Mb
Release : 2018-04-19
Category : Law
ISBN : 9781509920280

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The Constitution of the Environmental Emergency by Jocelyn Stacey Pdf

This book argues for a reframing of environmental law. It starts from the premise that all environmental issues confront lawmakers as emergencies. Environmental issues pose a fundamental challenge to law because it is impossible to reliably predict which issues contain the possibility of an emergency and what to do in response to such an unforeseen event. These features undermine the conventional understanding of the rule of law. This book argues that approaching environmental issues from the emergency perspective leads us to an understanding of the rule of law that requires public justification. This requirement recentres the debates in environmental law around the question of why governance under the rule of law is something worth having in the environmental context. It elaborates what the rule of law requires of decision-makers in light of our ever-present vulnerability to catastrophic environmental harm. Controversial, compelling and above all timely, this book presents an important new perspective on environmental law.

Judging at the Interface

Esmé Shirlow
Judging at the Interface Book PDF

Author : Esmé Shirlow
Publisher : Cambridge University Press
Page : 381 pages
File Size : 52,8 Mb
Release : 2021-02-18
Category : Law
ISBN : 9781108490979

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Judging at the Interface by Esmé Shirlow Pdf

This book investigates how international adjudicators defer to State decision-making authority, and what that reveals about the domestic-international interface.

Human Rights and Judicial Review in Australia and Canada

Janina Boughey
Human Rights and Judicial Review in Australia and Canada Book PDF

Author : Janina Boughey
Publisher : Bloomsbury Publishing
Page : 357 pages
File Size : 55,8 Mb
Release : 2017-06-15
Category : Law
ISBN : 9781509907878

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Human Rights and Judicial Review in Australia and Canada by Janina Boughey Pdf

It is commonly asserted that bills of rights have had a 'righting' effect on the principles of judicial review of administrative action and have been a key driver of the modern expansion in judicial oversight of the executive arm of government. A number of commentators have pointed to Australian administrative law as evidence for this 'righting' hypothesis. They have suggested that the fact that Australia is an outlier among common law jurisdictions in having neither a statutory nor a constitutional framework to expressly protect human rights explains why Australia alone continues to take an apparently 'formalist', 'legalist' and 'conservative' approach to administrative law. Other commentators and judges, including a number in Canada, have argued the opposite: that bills of rights have the effect of stifling the development of the common law. However, for the most part, all these claims remain just that – there has been limited detailed analysis of the issue, and no detailed comparative analysis of the veracity of the claims. This book analyses in detail the interaction between administrative and human rights law in Australia and Canada, arguing that both jurisdictions have reached remarkably similar positions regarding the balance between judicial and executive power, and between broader fundamental principles including the rule of law, parliamentary sovereignty and the separation of powers. It will provide valuable reading for all those researching judicial review and human rights.

Non-Statutory Executive Powers and Judicial Review

Jason Grant Allen
Non Statutory Executive Powers and Judicial Review Book PDF

Author : Jason Grant Allen
Publisher : Cambridge University Press
Page : 647 pages
File Size : 48,8 Mb
Release : 2022-08-25
Category : Law
ISBN : 9781009037563

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Non-Statutory Executive Powers and Judicial Review by Jason Grant Allen Pdf

That non-statutory executive powers are subject to judicial review is beyond doubt. But current judicial practice challenges prevailing theories of judicial review and raises a host of questions about the nature of official power and action. This is particularly the case for official powers not associated with the Royal Prerogative, which have been argued to comprise a “third source” of governmental authority. Looking at non-statutory powers directly, rather than incidentally, stirs up the intense but ultimately inconclusive debate about the conceptual basis of judicial review in English law. This provocative book argues that modern judges and scholars have neglected the very concepts necessary to understand the supervisory jurisdiction and that the law has become more complex than it needs to be. If we start from the concept of office and official action, rather than grand ideas about parliamentary sovereignty and the courts, the central questions answer themselves.

Landmark Cases in Public Law

Satvinder Juss,Maurice Sunkin
Landmark Cases in Public Law Book PDF

Author : Satvinder Juss,Maurice Sunkin
Publisher : Bloomsbury Publishing
Page : 387 pages
File Size : 43,7 Mb
Release : 2017-06-01
Category : Law
ISBN : 9781782255574

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Landmark Cases in Public Law by Satvinder Juss,Maurice Sunkin Pdf

Landmark Cases in Public Law answers the need for an historical examination of the leading cases in this field, an examination which is largely absent from the standard textbooks and journal articles of the day. Adopting a contextualised historical approach, this collection of essays by leading specialists in the field provides both an explanation of the importance and impact of the chosen decisions, as well as doctrinal analysis. This approach enables each author to throw light on the driving forces behind the judicial outcomes, and shows how the final reasoning of the court was ultimately as much dependent upon such human factors as the attitudes, conduct, and personalities of the parties, their witnesses, their counsel, and the judges, as the drive to seek legal realignment with the political developments that were widely perceived to be taking place. In this way, this form of analysis provides an exposition of the true stories behind these landmark cases in public law.

Law and Administration

Carol Harlow,Richard Rawlings
Law and Administration Book PDF

Author : Carol Harlow,Richard Rawlings
Publisher : Cambridge University Press
Page : 957 pages
File Size : 50,8 Mb
Release : 2021-07-22
Category : Law
ISBN : 9781107149847

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Law and Administration by Carol Harlow,Richard Rawlings Pdf

Contains a full account of administrative law in the context of social, political and economic forces shaping the law.

EU Environmental Principles and Scientific Uncertainty before National Courts

Mariolina Eliantonio,Emma Lees,Tiina Paloniitty
EU Environmental Principles and Scientific Uncertainty before National Courts Book PDF

Author : Mariolina Eliantonio,Emma Lees,Tiina Paloniitty
Publisher : Bloomsbury Publishing
Page : 425 pages
File Size : 52,8 Mb
Release : 2023-04-20
Category : Law
ISBN : 9781509948215

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EU Environmental Principles and Scientific Uncertainty before National Courts by Mariolina Eliantonio,Emma Lees,Tiina Paloniitty Pdf

This comparative book explores the dynamics driving how courts across Europe and beyond understand and analyse scientific information in nature conservation. The Habitats and the Birds Directives-the core of EU nature conservation law-are usually seen as the most 'uniform' parts of EU environmental law. This book analyses the case law from 11 current and former EU Member States' courts and explores the dynamics of how, and crucially why, their understandings of scientific uncertainty on the one hand, and EU environmental principles on the other, vary. The courts' scope and depth of review, access to scientific knowledge, and scientific literacy all influence such decisions-as does their interpretation of norms and principles. How have the courts evaluated scientific evidence, encompassing its essential uncertainties? This book answers this and many more questions pertinent to EU environmental law, comparative environmental law, administrative law, and STS studies. Co-edited by experienced leaders in the field, and with outstanding contributors, this book is an essential guide to the dynamics of nature conservation law.