Author: Clive Lewis
Publisher:
ISBN: 9780421600706
Category : Judicial process
Languages : en
Pages : 617
Book Description
Provides coverage of the situations in which judicial review is available, the range of measures that can be challenged, the ambit of remedies in public law cases and the machinery for making an application
Judicial Remedies in Public Law
Author: Clive Lewis
Publisher:
ISBN: 9780421600706
Category : Judicial process
Languages : en
Pages : 617
Book Description
Provides coverage of the situations in which judicial review is available, the range of measures that can be challenged, the ambit of remedies in public law cases and the machinery for making an application
Publisher:
ISBN: 9780421600706
Category : Judicial process
Languages : en
Pages : 617
Book Description
Provides coverage of the situations in which judicial review is available, the range of measures that can be challenged, the ambit of remedies in public law cases and the machinery for making an application
Judicial Remedies in International Law
Author: Christine D. Gray
Publisher: Oxford University Press
ISBN: 9780198254324
Category : Language Arts & Disciplines
Languages : en
Pages : 276
Book Description
This detailed reference work on international law has been designed for legal scholars, practising international lawyers government legal advisers, and advanced students of international law.
Publisher: Oxford University Press
ISBN: 9780198254324
Category : Language Arts & Disciplines
Languages : en
Pages : 276
Book Description
This detailed reference work on international law has been designed for legal scholars, practising international lawyers government legal advisers, and advanced students of international law.
Remedies against Immunity?
Author: Valentina Volpe
Publisher: Springer Nature
ISBN: 3662623048
Category : Law
Languages : en
Pages : 427
Book Description
The open access book examines the consequences of the Italian Constitutional Court’s Judgment 238/2014 which denied the German Republic’s immunity from civil jurisdiction over claims to reparations for Nazi crimes committed during World War II. This landmark decision created a range of currently unresolved legal problems and controversies which continue to burden the political and diplomatic relationship between Germany and Italy. The judgment has wide repercussions for core concepts of international law and for the relationship between different legal orders. The book’s three interlinked legal themes are state immunity, reparation for serious human rights violations and war crimes (including historical ones), and the interaction between international and domestic institutions, notably courts. Besides a meticulous legal analysis of these themes from the perspectives of international law, European law, and domestic law, the book contributes to the civic debate on the issue of war crimes and reparation for the victims of armed conflict. It proposes concrete legal and political solutions to the parties involved for overcoming the present paralysis with a view to a sustainable interstate conflict solution and helps judges directly involved in the pending post-Sentenza reparation cases. After an Introduction (Part I), Part II, Immunity, investigates core international law concepts such as those of pre/post-judgment immunity and international state responsibility. Part III, Remedies, examines the tension between state immunity and the right to remedy and suggests original schemes for solving the conundrum under international law. Part IV adds European Perspectives by showcasing relevant regional examples of legal cooperation and judicial dialogue. Part V, Courts, addresses questions on the role of judges in the areas of immunity and human rights at both the national and international level. Part VI, Negotiations, suggests concrete ways out of the impasse with a forward-looking aspiration. In Part VII, The Past and Future of Remedies, a sitting judge in the Court that decided Sentenza 238/2014 adds some critical reflections on the Judgment. Joseph H. H. Weiler’s Dialogical Epilogue concludes the volume by placing the main findings of the book in a wider European and international law perspective.
Publisher: Springer Nature
ISBN: 3662623048
Category : Law
Languages : en
Pages : 427
Book Description
The open access book examines the consequences of the Italian Constitutional Court’s Judgment 238/2014 which denied the German Republic’s immunity from civil jurisdiction over claims to reparations for Nazi crimes committed during World War II. This landmark decision created a range of currently unresolved legal problems and controversies which continue to burden the political and diplomatic relationship between Germany and Italy. The judgment has wide repercussions for core concepts of international law and for the relationship between different legal orders. The book’s three interlinked legal themes are state immunity, reparation for serious human rights violations and war crimes (including historical ones), and the interaction between international and domestic institutions, notably courts. Besides a meticulous legal analysis of these themes from the perspectives of international law, European law, and domestic law, the book contributes to the civic debate on the issue of war crimes and reparation for the victims of armed conflict. It proposes concrete legal and political solutions to the parties involved for overcoming the present paralysis with a view to a sustainable interstate conflict solution and helps judges directly involved in the pending post-Sentenza reparation cases. After an Introduction (Part I), Part II, Immunity, investigates core international law concepts such as those of pre/post-judgment immunity and international state responsibility. Part III, Remedies, examines the tension between state immunity and the right to remedy and suggests original schemes for solving the conundrum under international law. Part IV adds European Perspectives by showcasing relevant regional examples of legal cooperation and judicial dialogue. Part V, Courts, addresses questions on the role of judges in the areas of immunity and human rights at both the national and international level. Part VI, Negotiations, suggests concrete ways out of the impasse with a forward-looking aspiration. In Part VII, The Past and Future of Remedies, a sitting judge in the Court that decided Sentenza 238/2014 adds some critical reflections on the Judgment. Joseph H. H. Weiler’s Dialogical Epilogue concludes the volume by placing the main findings of the book in a wider European and international law perspective.
Australian Administrative Law
Author: Matthew Groves
Publisher: Cambridge University Press
ISBN: 1139465422
Category : Law
Languages : en
Pages :
Book Description
The growth of administrative law in Australia has continued in an unabated form since the introduction of innovative reforms in the mid-seventies. The centre plank of these reforms was the establishment of the Administrative Appeals Tribunal with follow-on reforms relating to the Ombudsman, judicial review and freedom of information legislation. The impact of these reforms has been vast and significant. This 2007 book seeks to take stock of the growth and development of administrative law principles. Particular attention is paid to the important cases and key doctrines which provide the theoretical underpinnings of these principles. In this book a team of highly respected administrative law scholars and jurists aim to provide a lucid exposition of the relevant case law, principles and doctrines. The book should illuminate the fundamental features of Australian administrative law and should prove useful to students and practitioners interested in this field.
Publisher: Cambridge University Press
ISBN: 1139465422
Category : Law
Languages : en
Pages :
Book Description
The growth of administrative law in Australia has continued in an unabated form since the introduction of innovative reforms in the mid-seventies. The centre plank of these reforms was the establishment of the Administrative Appeals Tribunal with follow-on reforms relating to the Ombudsman, judicial review and freedom of information legislation. The impact of these reforms has been vast and significant. This 2007 book seeks to take stock of the growth and development of administrative law principles. Particular attention is paid to the important cases and key doctrines which provide the theoretical underpinnings of these principles. In this book a team of highly respected administrative law scholars and jurists aim to provide a lucid exposition of the relevant case law, principles and doctrines. The book should illuminate the fundamental features of Australian administrative law and should prove useful to students and practitioners interested in this field.
The Collapse of Constitutional Remedies
Author: Aziz Z. Huq
Publisher: Oxford University Press
ISBN: 0197556817
Category : Law
Languages : en
Pages : 193
Book Description
In The Collapse of Constitutional Remedies, Aziz Z. Huq examines what happens when our constitutional rights are violated. Many people think that federal courts will step in then and provide a remedy. But for most people, and especially for the vulnerable in our society, they won't lift a finger. As Huq argues, the powerful often get quicker access to the courts and more fulsome judicial review, which shows a break from the way in which the courts were originally designed. This book shows the deep ironies of judicial independence and charts a part of getting free of its most baleful effects.
Publisher: Oxford University Press
ISBN: 0197556817
Category : Law
Languages : en
Pages : 193
Book Description
In The Collapse of Constitutional Remedies, Aziz Z. Huq examines what happens when our constitutional rights are violated. Many people think that federal courts will step in then and provide a remedy. But for most people, and especially for the vulnerable in our society, they won't lift a finger. As Huq argues, the powerful often get quicker access to the courts and more fulsome judicial review, which shows a break from the way in which the courts were originally designed. This book shows the deep ironies of judicial independence and charts a part of getting free of its most baleful effects.
Government Liability
Author: G & BOUGHEY WEEKS (J & ROCK, E.)
Publisher:
ISBN: 9780409348651
Category : Administrative law
Languages : en
Pages : 557
Book Description
Publisher:
ISBN: 9780409348651
Category : Administrative law
Languages : en
Pages : 557
Book Description
Public Law Toolbox
Author: Mai Chen
Publisher:
ISBN: 9781927248706
Category : Public law
Languages : en
Pages : 1166
Book Description
All New Zealanders have to interact with government, whether due to business regulation, getting government assistance, or administrative decision-making concerning licenses, or allocation of government funding. But not all citizens and businesses know how to successfully work with government, or how to challenge a government decision on a matter of administration, or policy, or Parliamentary decisions on law-making which detrimentally affects them. This second edition levels the playing field for those dealing with government. It is an outsider's guide to the insider's view of government. There is an entire "Toolbox" of public law mechanisms that sit alongside traditional commercial law remedies, which can help citizens and businesses successfully resolve government, regulatory or policy and law reform issues. Ministers, officials and regulators have unique obligations to be transparent and to act within the lawful limits of exercising public power. There is also a range of options apart from the courts to challenge government decision-making. The Public Law Toolbox will assist those wanting to influence policy and law reform issues for business, not for profit or democratic reasons by describing the tools available and how to use them for greatest effectiveness. It will also assist those wanting to resolve disputes concerning administrative and government decision-making, and advise businesses on how to use the toolbox to resolve disputes with competitors. The book will assist governments and officials to understand their unique legal, transparency and accountability obligations and the risks that they face, taking political and public opinion factors into account.
Publisher:
ISBN: 9781927248706
Category : Public law
Languages : en
Pages : 1166
Book Description
All New Zealanders have to interact with government, whether due to business regulation, getting government assistance, or administrative decision-making concerning licenses, or allocation of government funding. But not all citizens and businesses know how to successfully work with government, or how to challenge a government decision on a matter of administration, or policy, or Parliamentary decisions on law-making which detrimentally affects them. This second edition levels the playing field for those dealing with government. It is an outsider's guide to the insider's view of government. There is an entire "Toolbox" of public law mechanisms that sit alongside traditional commercial law remedies, which can help citizens and businesses successfully resolve government, regulatory or policy and law reform issues. Ministers, officials and regulators have unique obligations to be transparent and to act within the lawful limits of exercising public power. There is also a range of options apart from the courts to challenge government decision-making. The Public Law Toolbox will assist those wanting to influence policy and law reform issues for business, not for profit or democratic reasons by describing the tools available and how to use them for greatest effectiveness. It will also assist those wanting to resolve disputes concerning administrative and government decision-making, and advise businesses on how to use the toolbox to resolve disputes with competitors. The book will assist governments and officials to understand their unique legal, transparency and accountability obligations and the risks that they face, taking political and public opinion factors into account.
Understanding Administrative Law in the Common Law World
Author: Paul Daly
Publisher: Oxford University Press
ISBN: 0192896911
Category : Law
Languages : en
Pages : 321
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.
Publisher: Oxford University Press
ISBN: 0192896911
Category : Law
Languages : en
Pages : 321
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.
De Smith's Judicial Review of Administrative Action
Author: Stanley A. De Smith
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 704
Book Description
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 704
Book Description
Model Rules of Professional Conduct
Author: American Bar Association. House of Delegates
Publisher: American Bar Association
ISBN: 9781590318737
Category : Law
Languages : en
Pages : 216
Book Description
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Publisher: American Bar Association
ISBN: 9781590318737
Category : Law
Languages : en
Pages : 216
Book Description
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.