Legal Culture, Legality and the Determination of the Grounds of Judicial Review of Administrative Action in England and Australia
Legal Culture, Legality and the Determination of the Grounds of Judicial Review of Administrative Action in England and Australia

Author: Voraphol Malsukhum

Publisher: Springer Nature

Published: 2021-07-01

Total Pages: 269

ISBN-13: 9811612676

DOWNLOAD EBOOK

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.

A Research Agenda for Administrative Law
A Research Agenda for Administrative Law

Author: Carol Harlow

Publisher: Edward Elgar Publishing

Published: 2023-02-14

Total Pages: 343

ISBN-13: 1800883765

DOWNLOAD EBOOK

With the aim of expanding legal scholarly imagination, this Research Agenda takes a tripolar approach to administrative law. It opens the boundaries of administrative law scholarship to new subject areas, exemplifies and opens for consideration several different attitudes to research, and illustrates a multiplicity of different ways of writing about the subject.

Administrative Tribunals in the Common Law World
Administrative Tribunals in the Common Law World

Author: Stephen Thomson

Publisher: Bloomsbury Publishing

Published: 2024-10-03

Total Pages: 415

ISBN-13: 1509966927

DOWNLOAD EBOOK

Administrative tribunals are a vital part of the public law frameworks of many countries. This is the 1st edited book collection to examine tribunals across the common law world. It brings together key international scholars to discuss current and future challenges. The book includes contributions from leading scholars from all major common law jurisdictions – the UK, the USA, Canada, Australia, New Zealand, Ireland, Israel, Hong Kong, Singapore, India and South Africa. This global analysis is both deep and expansive in its coverage of the operation of administrative tribunals across common law legal systems. The book has two key themes: one is the enduring question of the location and operation of tribunals within public law systems; the second is the continued mission of tribunals to provide administrative justice. The collection is an important addition to global public law scholarship, addressing common problems faced by the tribunals of common law countries, and providing solutions for how tribunals can evolve to match the changing nature of government.

The Oxford Handbook of Comparative Administrative Law
The Oxford Handbook of Comparative Administrative Law

Author: Peter Cane

Publisher: Oxford University Press, USA

Published: 2021-01-17

Total Pages: 1169

ISBN-13: 0198799985

DOWNLOAD EBOOK

In this Handbook, distinguished experts in the field of administrative law discuss a wide range of issues from a comparative perspective. The book covers the historical beginnings of comparative administrative law scholarship, and discusses important methodological issues and basic concepts such as administrative power and accountability.

Understanding Administrative Law in the Common Law World
Understanding Administrative Law in the Common Law World

Author: Paul Daly

Publisher: Oxford University Press

Published: 2021

Total Pages: 321

ISBN-13: 0192896911

DOWNLOAD EBOOK

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.

On Fantasy Island
On Fantasy Island

Author: C. A. Gearty

Publisher: Oxford University Press

Published: 2016

Total Pages: 257

ISBN-13: 0198787634

DOWNLOAD EBOOK

The repeal of the Human Rights Act is one of the major political questions of our day. In an engaging insight into the fantasies and myths driving the case for repeal, Conor Gearty defends the importance of the HRA and debunks the arguments that would see a UK Bill of Rights. An essential book for all readers who want to be informed on the debate.

The Scope and Intensity of Substantive Review
The Scope and Intensity of Substantive Review

Author: Hanna Wilberg

Publisher: Bloomsbury Publishing

Published: 2015-11-26

Total Pages: 446

ISBN-13: 1509906193

DOWNLOAD EBOOK

Inspired by the work of Professor Michael Taggart, this collection of essays from across the common law world is concerned with two separate but related themes. First, to what extent and by what means should review on substantive grounds such as unreasonableness be expanded and intensified? Jowell, Elliott and Varuhas all agree with Taggart that proportionality should not 'sweep the rainbow', but propose different schemes for organising and conceptualising substantive review. Groves and Weeks, and Hoexter evaluate the state of substantive review in Australia and South Africa respectively. The second theme concerns the broader (Canadian) sense of substantive review including the illegality grounds, and whether deference should extend to these grounds. Cane and Aronson consider the relevance and impact of different constitutional and doctrinal settings. Wilberg and Daly address questions concerning when and how deference is to operate once it is accepted as appropriate in principle. Rights-based review is discussed in a separate third part because it raises both of the above questions. Geiringer, Sales and Walters examine the choices to be made in settling the approach in this area, each focusing on a different dichotomy. Taggart's work is notable for treating these various aspects of substantive review as parts of a broader whole, and for his search for an appropriate balance between judicial scrutiny and administrative autonomy across this entire area. By bringing together essays on all these topics, this volume seeks to build on that approach.

Judicial Review of Administrative Action
Judicial Review of Administrative Action

Author: Swati Jhaveri

Publisher: Cambridge University Press

Published: 2021-03-18

Total Pages: 447

ISBN-13: 1108481574

DOWNLOAD EBOOK

Explores the English origins of the principles of judicial review in common law jurisdictions and autochthonous pressures for their adaptation.