Vigilance and Restraint in the Common Law of Judicial Review PDF Download
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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: Dean R. Knight
Publisher: Cambridge University Press
ISBN: 110719024X
Category : Law
Languages : en
Pages : 309
Get Book Here
Book Description
Explores how courts vary the depth of scrutiny in judicial review and the virtues of different approaches.
Author: Dean R. Knight
Publisher: Cambridge University Press
ISBN: 1108117708
Category : Law
Languages : en
Pages : 309
Get Book Here
Book Description
The mediation of the balance between vigilance and restraint is a fundamental feature of judicial review of administrative action in the Anglo-Commonwealth. This balance is realised through the modulation of the depth of scrutiny when reviewing the decisions of ministers, public bodies and officials. While variability is ubiquitous, it takes different shapes and forms. Dean R. Knight explores the main shapes and forms employed in judicial review in England, Canada, Australia and New Zealand over the last fifty years. Four schemata are drawn from the case law and taken back to conceptual foundations, exposing their commonality and differences, and each approach is evaluated. This detailed methodology provides a sound basis for decisions and debates about how variability should be brought to individual cases and will be of great value to legal scholars, judges and practitioners interested in judicial review.
Author: Jeffrey Goldsworthy
Publisher: Cambridge University Press
ISBN: 1139491512
Category : Law
Languages : en
Pages :
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Book Description
This book has four main themes: (1) a criticism of 'common law constitutionalism', the theory that Parliament's authority is conferred by, and therefore is or can be made subordinate to, judge-made common law; (2) an analysis of Parliament's ability to abdicate, limit or regulate the exercise of its own authority, including a revision of Dicey's conception of sovereignty, a repudiation of the doctrine of implied repeal and the proposal of a novel theory of 'manner and form' requirements for law-making; (3) an examination of the relationship between parliamentary sovereignty and statutory interpretation, defending the reality of legislative intentions, and their indispensability to sensible interpretation and respect for parliamentary sovereignty; and (4) an assessment of the compatibility of parliamentary sovereignty with recent constitutional developments, including the expansion of judicial review of administrative action, the Human Rights and European Communities Acts and the growing recognition of 'constitutional principles' and 'constitutional statutes'.
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.
Author: Dean R. Knight
Publisher: Cambridge University Press
ISBN: 1108119107
Category : Law
Languages : en
Pages : 309
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Book Description
The mediation of the balance between vigilance and restraint is a fundamental feature of judicial review of administrative action in the Anglo-Commonwealth. This balance is realised through the modulation of the depth of scrutiny when reviewing the decisions of ministers, public bodies and officials. While variability is ubiquitous, it takes different shapes and forms. Dean R. Knight explores the main shapes and forms employed in judicial review in England, Canada, Australia and New Zealand over the last fifty years. Four schemata are drawn from the case law and taken back to conceptual foundations, exposing their commonality and differences, and each approach is evaluated. This detailed methodology provides a sound basis for decisions and debates about how variability should be brought to individual cases and will be of great value to legal scholars, judges and practitioners interested in judicial review.
Author: Stanley A. De Smith
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 704
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Book Description
Author: Paul Daly
Publisher: Cambridge University Press
ISBN: 1107025516
Category : Law
Languages : en
Pages : 323
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Book Description
Paul Daly develops a theory concerning the appropriate allocation of authority between courts and administrative bodies.
Author: David Bilchitz
Publisher: Cambridge University Press
ISBN: 1108841945
Category : Business & Economics
Languages : en
Pages : 523
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Book Description
This book develops an analytical legal framework for determining the substantive fundamental rights obligations of corporations.
Author: Tara Smith
Publisher: Cambridge University Press
ISBN: 1107114497
Category : Law
Languages : en
Pages : 303
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Book Description
This book grounds judicial review in its deepest foundations: the function, authority, and objectivity of a legal system as a whole.
Author: John Bell
Publisher: Bloomsbury Publishing
ISBN: 1849469938
Category : Law
Languages : en
Pages : 517
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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.
