Administrative Law in Ireland
Author: Gerard Hogan
Publisher:
Published: 1991
Total Pages: 765
ISBN-13: 9780414032200
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Hogan and Morgan's Administrative Law
Author: David Gwynn Morgan
Publisher:
Published: 2012
Total Pages: 781
ISBN-13: 9781858006871
DOWNLOAD EBOOKAdministrative Law in Ireland 4e - Student version now available Due to popular demand, this new, student version of the 4th edition of Administrative Law in Ireland has been streamlined and tailored to meet the requirements of students by David Gwynn Morgan. It has also been updated to include any significant changes that have arisen in the two years since the practitioner version was published in 2010. The student version is a clear and comprehensive explanation and analysis of Irish administrative law. It is an invaluable resource for students and practitioners alike. Key benefits of the student version: * Sharper focus on ideas, principles and examinable topics, which have been clearly set out to assist the student coming to the subject for the first time * Accessible coverage of the concepts that are at the heart of administrative law such as:the rule of Law, that is, governance being conducted in an open, consistent and accessible way Judicial review of administrative action, including reasonableness, ultra vires, as compared with "rights-based" control, and the centrality of fair procedure in governmental administration * Institutions of government including the civil service, local authorities, the Ombudsman, An Bord Pleanála, tribunals of inquiry and commissions of investigation * Thoroughly updated since the practitioner version - now includes: post-Meadows case law; reconfiguration of departments following the 2011 Election; changes to the application for judicial review (2011) Includes coverage of challenging areas such as: * The various sources of law, including regulations, as well as so-called "soft law" such as codes, circulars and guidelines * The structure of a government department; the balance of authority and accountability as between minister and civil servants; selection and removal of civil servants * Local government and planning * Licensing and regulation * The independence of tribunals and other public bodies * The Ombudsman * Commissions of investigation * Rules regulating the delegation of statutory authority * Fair procedure, including constitutional justice and article 6.1 of the ECHR * The duty to give reasons, under both the Constitution and the Freedom of Information Acts 1997-2003 * Control of discretionary power from Wednesbury to Meadows, with likely future developments * Practical consequences of an invalid administrative action * Damages for torts of public bodies * The notion of "public law" as a separate jurisdiction CONTENTS * Sources Of Administrative Law * The Dail, Ministers, Departments and Civil Servants * Public Bodies * Local Government and Planning Law * Tribunals * General Principles of Licensing * Public Inquiries * The Public Service Ombudsman * Fundamental principles of Judicial Review I * Fundamental Principles of Judicial Review II * Fair Procedure * The Principle Against Bias * The Right to be Heard: Audi Alteram Partem * Control of Discretionary Powers * Application for Judicial Review * The Scope of Public Law * Damages in Tort * Legitimate Expectation * The State in Litigation ABOUT THE AUTHOR David Gwynn Morgan is (Emeritus) Professor of Law at University College, Cork
Understanding Administrative Law in the Common Law World
Author: Paul Daly
Publisher: Oxford University Press
Published: 2021
Total Pages: 321
ISBN-13: 0192896911
DOWNLOAD EBOOKA 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.
Administrative Law in Ireland
Author: David Gwynn Morgan
Publisher:
Published: 1998
Total Pages: 992
ISBN-13: 9781899738670
DOWNLOAD EBOOKThis edition has been revised to provide an analysis of more than 200 Irish cases in administrative law handed down by the courts since the first edition of this work was published in 1986. It emphasizes developments in constitutional justice, state liability and control of discretionary powers. There is also a survey of the system of judicial review five years after its establishment by the Rules of the Superior Courts. Further changes include a new chapter on the emerging principles of legitimate expectations and new sections on administrative circulars, the rationalization of the state-sponsored body sector, the conduct of local authority meetings, the reach of the public law, the demise of the prerogative, law and practice relating to the Ombudsman, local government, state-sponsored bodies, tribunals, inquiries and the civil service.
Commercial Law
Author: Michael Forde
Publisher: Bloomsbury Publishing
Published: 2021-04-09
Total Pages: 729
ISBN-13: 1526518155
DOWNLOAD EBOOKThis comprehensively updated 4th edition of Michael Forde's Commercial Law will ensure practitioners can continue to turn to this book for the accurate and authoritative information they require. Its chapters cover the following topics and cross-refer to the principle works on each of the subjects listed in the Table of Contents. · Michael Forde's Commercial Law has been an essential tool for law practitioners since it was first published in 1990. Now the widely updated 4th edition will ensure practitioners can continue to turn to this book for the accurate and authoritative information they require. The essential coverage includes consumer law initiatives based on EU Directives, plus significant commercial case law. It outlines the emergence of and variety in regulation regimes and deals with insolvency rules in Ireland as well as the credit union sector. Since the last edition published in 2005 this title has been updated to include the vast amount of case law in Ireland and the EU as well as relevant case law in the UK and Canada. It also deals with the following legislation: EC Services Regulations 2010 EC Late Payments in Commercial Transactions Regulations 2012 EU Payment Services Regulations 2018 EU Trade Secrets Regulations 2018 EU Trade Marks Regulations 2018 Copyright and Other Intellectual Property Law Provisions Act 2019 Intellectual Property (Miscellaneous Provisions) Act 2014 Competition (Amendment) Act 2012 Competition and Consumer Protection Act 2014 EU Action for Damages for Infringements of Competition Law Regulations 2017 EU Award of Public Authorities Contracts Regulations 2016 Arbitration Act 2010 Consumer Protection Act 2017 Consumer Insurance Contracts Act 2019
Constitutional Law of Ireland
Author: Michael Forde
Publisher: Bloomsbury Publishing
Published: 2016-10-14
Total Pages: 1220
ISBN-13: 1784518751
DOWNLOAD EBOOKOriginally written for the fiftieth anniversary of the Constitution of Ireland, this book is an account of how the Constitution's requirements have been implemented by the legislature and interpreted by the courts. In this way it provides an integrated and contextual account of constitutional law in Ireland. It goes as far as to place it in context of some foreign constitutions, especially the Constitutions of the United States, France, Germany and the United Kingdom, as indeed the Irish courts refer frequently to other countries for guidance in interpreting the Constitution. The book largely falls into four parts. The first few chapters are introductory and cover the drafting and adoption of the Constitution, some features of the State and its citizens, and the judicial review of laws. The next few chapters deal with the various institutions of government and with the activities of the State in the international arena and in relation to fiscal matters. Then following on from this there are a number of chapters which consider what may be termed the various civil liberties and rights. There is a final brief section, towards the end of the book which deals with the various legal breaches of the Constitution. This new edition has been extensively rewritten to account for the enormous to take into account the tumultuous changes in Irish Constitutional Law in the intervening years. Challenges to articles, referenda, new legislation, and cases are all judicially considered. Michael Forde and David Leonard offer the reader everything they need to know on this complex subject.
A Theory of Deference in Administrative Law
Author: Paul Daly
Publisher: Cambridge University Press
Published: 2012-06-28
Total Pages: 323
ISBN-13: 1107025516
DOWNLOAD EBOOKPaul Daly develops a theory concerning the appropriate allocation of authority between courts and administrative bodies.
Administrative Law in Tanzania. A Digest of Cases
Author: B. D. Chipeta
Publisher: African Books Collective
Published: 2008-12-31
Total Pages: 282
ISBN-13: 9987449506
DOWNLOAD EBOOKAdministrative law may best be defined by describing what it encompasses: it is that branch of law which deals with the individual versus governmental or administrative power. It covers court restraint of actions or inactions of public institutions, administrative processes of central and local government, parliamentary and subordinate legislat on and the means and procedures by which the rights of individuals are protected against abuse of power by public or local authorities, public corporations, tribunals and other bodies which discharge functions of public nature entrusted to them by law for the benefit of the citizen. It is hoped that this book will act as a wake-up call to all those who have been entrusted with the duty of making decisions affecting the rights of citizens to update themselves so as to discharge their duties correctly and in spirit of good governance. Administrative Law in Tanzania: A Digest of Cases covers high profile and landmark cases in topical areas of constitutional and administrative law from colonial days to present time, names, procedures in applying for prerogative remedies, constitutional principles and human rights, separation of powers between the Executive, the Legislature and the Judicature, natural justice and the rule of law, statutory ouster of jurisdiction of courts, and the right to legal representation.
Keeping Faith with the Constitution
Author: Goodwin Liu
Publisher: Oxford University Press
Published: 2010-08-05
Total Pages: 274
ISBN-13: 0199752834
DOWNLOAD EBOOKChief Justice John Marshall argued that a constitution "requires that only its great outlines should be marked [and] its important objects designated." Ours is "intended to endure for ages to come, and consequently, to be adapted to the various crises of human affairs." In recent years, Marshall's great truths have been challenged by proponents of originalism and strict construction. Such legal thinkers as Supreme Court Justice Antonin Scalia argue that the Constitution must be construed and applied as it was when the Framers wrote it. In Keeping Faith with the Constitution, three legal authorities make the case for Marshall's vision. They describe their approach as "constitutional fidelity"--not to how the Framers would have applied the Constitution, but to the text and principles of the Constitution itself. The original understanding of the text is one source of interpretation, but not the only one; to preserve the meaning and authority of the document, to keep it vital, applications of the Constitution must be shaped by precedent, historical experience, practical consequence, and societal change. The authors range across the history of constitutional interpretation to show how this approach has been the source of our greatest advances, from Brown v. Board of Education to the New Deal, from the Miranda decision to the expansion of women's rights. They delve into the complexities of voting rights, the malapportionment of legislative districts, speech freedoms, civil liberties and the War on Terror, and the evolution of checks and balances. The Constitution's framers could never have imagined DNA, global warming, or even women's equality. Yet these and many more realities shape our lives and outlook. Our Constitution will remain vital into our changing future, the authors write, if judges remain true to this rich tradition of adaptation and fidelity.
A Theory of Legitimate Expectations for Public Administration
Author: Alexander Brown
Publisher: Oxford University Press
Published: 2017-12-08
Total Pages: 409
ISBN-13: 0192545566
DOWNLOAD EBOOKIt is an unfortunate but unavoidable feature of even well-ordered democratic societies that governmental administrative agencies often create legitimate expectations (procedural or substantive) on the part of non-governmental agents (individual citizens, groups, businesses, organizations, institutions, and instrumentalities) but find themselves unable to fulfil those expectations for reasons of justice, the public interest, severe financial constraints, and sometimes harsh political realities. How governmental administrative agencies, operating on behalf of society, handle the creation and frustration of legitimate expectations implicates a whole host of values that we have reason to care about, including under non-ideal conditions-not least justice, fairness, autonomy, the rule of law, responsible uses of power, credible commitments, reliance interests, security of expectations, stability, democracy, parliamentary supremacy, and legitimate authority. This book develops a new theory of legitimate expectations for public administration drawing on normative arguments from political and legal theory. Brown begins by offering a new account of the legitimacy of legitimate expectations. He argues that it is the very responsibility of governmental administrative agencies for creating expectations that ought to ground legitimacy, as opposed to the justice or the legitimate authority of those agencies and expectations. He also clarifies some of the main ways in which agencies can be responsible for creating expectations. Moreover, he argues that governmental administrative agencies should be held liable for losses they directly cause by creating and then frustrating legitimate expectations on the part of non-governmental agents and, if liable, have an obligation to make adequate compensation payments in respect of those losses.
