A Theory of Deference in Administrative Law PDF Download
Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download A Theory of Deference in Administrative Law PDF full book. Access full book title A Theory of Deference in Administrative Law by Paul Daly. Download full books in PDF and EPUB format.
Author: Paul Daly
Publisher: Cambridge University Press
ISBN: 1107025516
Category : Law
Languages : en
Pages : 323
Get Book Here
Book Description
Paul Daly develops a theory concerning the appropriate allocation of authority between courts and administrative bodies.
Author: Paul Daly
Publisher: Cambridge University Press
ISBN: 1107025516
Category : Law
Languages : en
Pages : 323
Get Book Here
Book Description
Paul Daly develops a theory concerning the appropriate allocation of authority between courts and administrative bodies.
Author: Guobin Zhu
Publisher: Springer Nature
ISBN: 3030315398
Category : Law
Languages : en
Pages : 445
Get Book Here
Book Description
This book investigates judicial deference to the administration in judicial review, a concept and legal practice that can be found to a greater or lesser degree in every constitutional system. In each system, deference functions differently, because the positioning of the judiciary with regard to the separation of powers, the role of the courts as a mechanism of checks and balances, and the scope of judicial review differ. In addition, the way deference works within the constitutional system itself is complex, multi-faceted and often covert. Although judicial deference to the administration is a topical theme in comparative administrative law, a general examination of national systems is still lacking. As such, a theoretical and empirical review is called for. Accordingly, this book presents national reports from 15 jurisdictions, ranging from Argentina, Canada and the US, to the EU. Constituting the outcome of the 20th General Congress of the International Academy of Comparative Law, held in Fukuoka, Japan in July 2018, it offers a valuable and unique resource for the study of comparative administrative law.
Author: Colleen M. Flood
Publisher:
ISBN: 9781772553086
Category : Administrative law
Languages : en
Pages : 637
Get Book Here
Book Description
"[This book examines] key principles and cases by leveraging the distinct voices of leading scholars and instructors from across Canada. This ... analysis gives students a better sense of how administrative boards and tribunals work in practice. To offer a more comprehensive understanding of subject matter, resources like practice tips, checklists, and a companion website have also been included in the text. This combination of theory and applied learning has resulted in a highly effective teaching tool that students can take from the classroom into practice."--Publisher's description.
Author: Paul Daly
Publisher: Oxford University Press
ISBN: 0192896911
Category : Law
Languages : en
Pages : 321
Get Book Here
Book Description
This book offers 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: John Bell
Publisher: Bloomsbury Publishing
ISBN: 1849469938
Category : Law
Languages : en
Pages : 517
Get Book Here
Book Description
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: Michael Taggart
Publisher: Bloomsbury Publishing
ISBN: 1847313310
Category : Law
Languages : en
Pages : 410
Get Book Here
Book Description
During the past decade, administrative law has experienced remarkable development. It has consistently been one of the most dynamic and potent areas of legal innovation and of judicial activism. It has expanded its reach into an ever broadening sphere of public and private activities. Largely through the mechanism of judicial review, the judges in several jurisdictions have extended the ambit of the traditional remedies, partly in response to a perceived need to fill an accountability vacuum created by the privatisation of public enterprises, the contracting-out of public services, and the deregulation of industry and commerce. The essays in this volume focus upon these and other shifts in administrative law, and in doing so they draw upon the experiences of several jurisdictions: the UK, the US, Canada, Australia and New Zealand. The result is a wide-ranging and forceful analysis of the scope, development and future direction of administrative law.
Author: Vanessa Gruben
Publisher: University of Toronto Press
ISBN: 1487540744
Category : Law
Languages : en
Pages : 264
Get Book Here
Book Description
Beverley McLachlin was the first woman to be Chief Justice of the Supreme Court of Canada. Joining the Court while it was establishing its approach to the Canadian Charter of Rights and Freedoms, McLachlin aided the court in weathering the public backlash against controversial decisions during her tenure. Controversies in the Common Law explores Chief Justice McLachlin’s approach to legal reasoning, examines her remarkable contributions in controversial areas of the common law, and highlights the role of judicial philosophy in shaping the law. Chapters in this book span thirty years, and deal with a variety of topics – including tort, unjust enrichment, administrative and criminal law. The contributors show that McLachlin had a philosophical streak that drove her to ensure unity and consistency in the common law, and to prefer incremental change over revolution. Celebrating the career of an influential jurist, Controversies in the Common Law demonstrates how the common law approach taken by Chief Justice McLachlin has been successful in managing criticism and ensuring the legitimacy of the Court.
Author: Paul Daly
Publisher: University of Toronto Press
ISBN: 1487504438
Category : Law
Languages : en
Pages : 423
Get Book Here
Book Description
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.
Author: James H. L. Sprague
Publisher:
ISBN: 9780779873050
Category : Administrative courts
Languages : en
Pages :
Get Book Here
Book Description
Author: Stephen Thomson
Publisher: Bloomsbury Publishing
ISBN: 1509966919
Category : Law
Languages : en
Pages : 420
Get Book Here
Book Description
Administrative tribunals are a vital part of the public law frameworks of many countries. This is the 1st edited book collection to examine tribunals across the common law world. It brings together key international scholars to discuss current and future challenges. The book includes contributions from leading scholars from all major common law jurisdictions – the UK, the USA, Canada, Australia, New Zealand, Ireland, Israel, Hong Kong, Singapore, India and South Africa. This global analysis is both deep and expansive in its coverage of the operation of administrative tribunals across common law legal systems. The book has two key themes: one is the enduring question of the location and operation of tribunals within public law systems; the second is the continued mission of tribunals to provide administrative justice. The collection is an important addition to global public law scholarship, addressing common problems faced by the tribunals of common law countries, and providing solutions for how tribunals can evolve to match the changing nature of government.
