Описание: This book explores the origins of judicial review of administrative action in a wide selection of common law jurisdictions. It provides complex insights and considers the way in which these jurisdictions have received and adapted English common law to the needs of their own socio-political context.
Описание: In this book, leading experts from across the common law world assess the impact of four seminal House of Lords judgments decided in the 1960s: Ridge v Baldwin, Padfeld v Minister of Agriculture,Conway v Rimmer, and Anisminic v Foreign Compensation Commission. The ‘Quartet’ is generally acknowledged to have marked a turning point in the development of court-centred administrative law, and can be understood as a 'formative moment' in the emergence of modern judicial review.
These cases are examined not only in terms of the points each case decided, and their contribution to administrative law doctrine, but also in terms of the underlying conception of the tasks of administrative law implicit in the Quartet. By doing so, the book sheds new light on both the complex processes through which the modern system of judicial review emerged and the constitutional choices that are implicit in its jurisprudence. It further reflects upon the implications of these historical processes for how the achievements, failings and limitations of the common law in reviewing actions of the executive can be evaluated.
Автор: Knight, Dean R. (victoria University Of Wellington) Название: Vigilance and restraint in the common law of judicial review ISBN: 1316640345 ISBN-13(EAN): 9781316640340 Издательство: Cambridge Academ Рейтинг: Цена: 5069.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Examining doctrinal, conceptual and normative dimensions of judicial review of administrative action, Dean R. Knight explores how Anglo-Commonwealth courts vary the depth of scrutiny in a variety of ways and critically appraises the virtues of different approaches.
Описание: Chapter 1. Comparative Doctrinal Analysis of Legal Reasoning in the Determination of the Grounds of Judicial Review in the Light of Deep-Water Legality and Legal Culture: A Methodological Framework.- Chapter 2. Differences between English and Australian Legal Cultures.- Chapter 3. Influence of the Legal Cultures on Error of Law and Jurisdictional Error.- Chapter 4. Influence of the Legal Cultures on Jurisdictional Fact.- Chapter 5. Influence of the Legal Cultures on the Grounds relating to Substantive Exercise of Discretion.- Chapter 6. Influence of the Legal Cultures on Legitimate Expectations.- Chapter 7. Conclusion.
Описание: 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.
Автор: Knight, Dean R. (victoria University Of Wellington) Название: Vigilance and restraint in the common law of judicial review ISBN: 110719024X ISBN-13(EAN): 9781107190245 Издательство: Cambridge Academ Рейтинг: Цена: 15840.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Examining doctrinal, conceptual and normative dimensions of judicial review of administrative action, Dean R. Knight explores how Anglo-Commonwealth courts vary the depth of scrutiny in a variety of ways and critically appraises the virtues of different approaches.
Автор: Lewans Matthew Название: Administrative Law and Judicial Deference ISBN: 1509921133 ISBN-13(EAN): 9781509921133 Издательство: Bloomsbury Academic Рейтинг: Цена: 7514.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Should judges defer to administrative decisions? This book examines how the common law of judicial review has responded to the development of the administrative state in three different common law jurisdictions-the United Kingdom, the United States of America, and Canada-over the past one hundred years.
Описание: 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.
Автор: Sarah Nason Название: Reconstructing Judicial Review ISBN: 1509928820 ISBN-13(EAN): 9781509928828 Издательство: Bloomsbury Academic Рейтинг: Цена: 6743.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: 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 publication shows the impact of judicial decisions on the discretionary power of public administration. This issue is analysed in relation to the process of issuing individual decisions by the administration, which have a dominant influence on the sphere of rights and freedoms of man. Judicial influence on public administration discretion is shown in the context of various models of judicial control of public administration.
Автор: Stohler, Stephan (state University Of New York, Albany) Название: Comparative constitutional law and policy ISBN: 1108493181 ISBN-13(EAN): 9781108493185 Издательство: Cambridge Academ Рейтинг: Цена: 16474.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Reconstructing Rights will appeal to several audiences because of its deliberative-partnership thesis, including public law scholars for its social-scientific approach to the study of legal doctrine; legal scholars because it challenges broadly held commitments to judicial supremacy; and area-specialists for its cross-national investigation of equality rights.
Автор: de Poorter Jurgen, Hirsch Ballin Ernst, Lavrijssen Saskia Название: Judicial Review of Administrative Discretion in the Administrative State ISBN: 9462653062 ISBN-13(EAN): 9789462653061 Издательство: Springer Рейтинг: Цена: 10976.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание:
This book deals with one of the greatest challenges for the judiciary in the 21st century. It reflects on the judiciary's role in reviewing administrative discretion in the administrative state; a role that can no longer solely be understood from the traditional doctrine of the Trias Politica.
Traditionally, courts review acts of administrative bodies implying a degree of discretion with quite some restraint. Typically it is reviewed whether the decision is non-arbitrary or whether there is no manifest error of assessment. The question arises though as to whether the concern regarding ensuring the non-arbitrary character of the exercise of administrative power, which is frequently performed at a distance from political bodies, goes far enough to guarantee that the administration exercises its powers in a legitimate way.
This publication searches for new modes of judicial review of administrative discretion exercised in the administrative state. It links state-of-the-art academic research on the role of courts in the administrative state with the daily practice of the higher and lower administrative courts struggling with their position in the evolving administrative state.
The book concludes that with the changing role and forms of the administrative state, administrative courts across the world and across sectors are in the process of reconsidering their roles and the appropriate models of judicial review. Learning from the experiences in different sectors and jurisdictions, it provides theoretical and empirical foundations for reflecting on the advantages and disadvantages of different models of review, the constitutional consequences and the main questions that deserve further research and debate.
Jurgen de Poorter is professor of administrative law at Tilburg University and deputy judge in the District Court of The Hague.
Ernst Hirsch Ballin is distinguished university professor at Tilburg University, professor in human rights law at the University of Amsterdam, and president of the T.M.C. Asser Institute for International and European Law. He is also a member of the Scientific Council for Government policy (WRR).
Saskia Lavrijssen is professor of Economic Regulation and Market Governance of Network Industries at Tilburg University.
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