Legal Culture, Legality and the Determination of the Grounds of Judicial Review of Administrative Action in England and Australia PDF Download
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Author: Voraphol Malsukhum
Publisher: Springer Nature
ISBN: 9811612676
Category : Law
Languages : en
Pages : 269
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Book Description
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: Voraphol Malsukhum
Publisher: Springer Nature
ISBN: 9811612676
Category : Law
Languages : en
Pages : 269
Get Book Here
Book Description
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: Carol Harlow
Publisher: Edward Elgar Publishing
ISBN: 1800883765
Category : Law
Languages : en
Pages : 343
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Book Description
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: Stephen Thomson
Publisher: Bloomsbury Publishing
ISBN: 1509966927
Category : Law
Languages : en
Pages : 415
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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.
Author: Peter Cane
Publisher: Oxford University Press, USA
ISBN: 0198799985
Category : Law
Languages : en
Pages : 1169
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Book Description
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: Dean R. Knight
Publisher: Cambridge University Press
ISBN: 110719024X
Category : Law
Languages : en
Pages : 309
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Book Description
Explores how courts vary the depth of scrutiny in judicial review and the virtues of different approaches.
Author: Paul Daly
Publisher: Oxford University Press
ISBN: 0192896911
Category : Law
Languages : en
Pages : 321
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Book Description
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:
Publisher: National Library Australia
ISBN:
Category :
Languages : en
Pages : 1106
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Book Description
Author: C. A. Gearty
Publisher: Oxford University Press
ISBN: 0198787634
Category : Law
Languages : en
Pages : 257
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Book Description
The repeal of the Human Rights Act is one of the major political questions of our day. In an engaging insight into the fantasies and myths driving the case for repeal, Conor Gearty defends the importance of the HRA and debunks the arguments that would see a UK Bill of Rights. An essential book for all readers who want to be informed on the debate.
Author: Suri Ratnapala
Publisher: Cambridge Scholars Publishing
ISBN: 1527570819
Category : Political Science
Languages : en
Pages : 426
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Book Description
Liberal democracy is the great legacy of the Enlightenment; it has reduced world poverty, increased life expectancy, enriched lives by every measure of wellbeing and enlarged our moral compass. Yet, external threats to liberal democracy are posed by totalitarian regimes and their allies seeking to remake the world in their image, and internal pressures arise from opposition to liberal principles from the extremities of the ideological spectrum: radicalism on the left and nativist populism on the right. The defence of liberal democracy requires understanding of its foundational principles, epistemological norms, institutional framework, cultural underpinnings and economic settings. This book argues that the defence of liberal democracy against rising authoritarianism is the great moral imperative of our time. This work combines extensive legal analysis with the history and philosophy of liberal constitutionalism, institutional economics and ethical reasoning. It engages with opposing schools of thought, including radical critical theory and authoritarian ideologies of the right. The book is highly instructive on administrative and constitutional law, the epistemology and ethics of political liberalism and the nature and immediacy of the domestic and external threats to liberal democracy and fundamental rights and freedoms.
Author: Swati Jhaveri
Publisher: Cambridge University Press
ISBN: 1108481574
Category : Law
Languages : en
Pages : 447
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Book Description
Explores the English origins of the principles of judicial review in common law jurisdictions and autochthonous pressures for their adaptation.
