Constitutional Law, Administrative Law, and Human Rights provides a unique, cross-disciplinary approach to the study of public law. Engaging, critical and stimulating, it enables the reader to gain a thorough and fundamental appreciation of the law in its wider context.
The fourth edition of Constitutional and Administrative Law: Text with Materials provides a wealth of essential materials drawn from a wide range of sources and integrated with lively commentary. It enables students to gain a full understanding of public law by explaining the context of its historical development and current political climate.
This title was first published in 2000. This volume of essays explores a number of fundamental constitutional law questions in a variety of historical and jurisdictional contexts. The contributions focus on the role to be played by courts and legal principles in the resolution of major political controversies and on the progressive development of constitutional jurisprudence in countries sharing a broadly common law legal tradition. The guiding theme pervading the collection is an attempt to measure the legitimacy of judicial (in-)activism when courts are faced with difficult political choices on matters such as slavery, internment, racism and voting rights and radical economic policies and are also confronted with the requirement to attach concrete meanings to such abstract concepts as the separation of powers and the rule of law.
Constitutional Law, Administrative Law and Human Rights provides a unique, cross-disciplinary approach to the study of public law. Engaging, critical and stimulating, it enables the reader to gain a thorough and fundamental appreciation of the law in its wider context.
Cases & Materials on Constitutional & Administrative Law provides students with a comprehensive selection of legal resources to accompany their studies. Extracts from leading cases, academic works, and political documents are drawn together with incisive author commentary and thought-provoking questions to highlight the historical debates and ongoing development of the subject. The authors take a critical look at the doctrines of constitutional law and the principles of administrative law, showing how the constitution operates in relation to Parliament, the Executive, and the citizen. Online Resource Centre This book is supported by an Online Resource Centre providing a wide range of extra resources to further support students in their studies, including: - Updates in constitutional and administrative law - An extensive range of web links - An interactive timeline of significant public law events throughout history - 'Oxford News Now'- a live feed on topical public law issues, sourced from news websites such as the BBC and Guardian
Judicial control of public power ensures a guarantee of the rule of law. This book addresses the scope and limits of judicial control at the national level, i.e. the control of public authorities, and at the supranational level, i.e. the control of States. It explores the risk of judicial review leading to judicial activism that can threaten the principle of the separation of powers or the legitimate exercise of state powers. It analyzes how national and supranational legal systems have embodied certain mechanisms, such as the principles of reasonableness, proportionality, deference and margin of appreciation, as well as the horizontal effects of human rights that help to determine how far a judge can go. Taking a theoretical and comparative view, the book first examines the conceptual bases of the various control systems and then studies the models, structural elements, and functions of the control instruments in selected countries and regions. It uses country and regional reports as the basis for the comparison of the convergences and divergences of the implementation of control in certain countries of Europe, Latin America, and Africa. The book’s theoretical reflections and comparative investigations provide answers to important questions, such as whether or not there are nascent universal principles concerning the control of public power, how strong the impact of particular legal traditions is, and to what extent international law concepts have had harmonizing and strengthening effects on internal public-power control.
Philip Joseph's Constitutional and Administrative Law in New Zealand is one of the most recognised legal treatise titles in New Zealand. Now entering its fifth edition, this perennial text has been modernised with the new title Joseph on Constitutional and Administrative Law. The new edition builds on the strengths of earlier editions, coupling historical and contemporary analyses of public law principles, while also including a new exploratory chapter on Tikanga Maori and the law.
Nations around the world are facing various crises of ineffective government. Basic governmental functions—protecting rights, preventing violence, and promoting material well-being—are compromised, leading to declines in general welfare, in the enjoyment of rights, and even in democracy itself. This innovative collection, featuring analyses by leaders in the fields of constitutional law and politics, highlights the essential role of effective government in sustaining democratic constitutionalism. The book explores “effective government” as a right, principle, duty, and interest, situating questions of governance in debates about negative and positive constitutionalism. In addition to providing new conceptual approaches to the connections between rights and governance, the volume also provides novel insights into government institutions, including courts, legislatures, executives, and administrative bodies, as well as the media and political parties. This is an essential volume for anyone interested in constitutionalism, comparative law, governance, democracy, the rule of law, and rights.