Author: Matthew Groves
Publisher: Bloomsbury Publishing
ISBN: 1509943250
Category : Law
Languages : en
Pages : 411
Book Description
Ombudsmen are a global phenomenon. They are also a critical part of the public law frameworks of modern liberal democracies. This is the first edited collection to examine the place of the ombudsman in the modern state. It brings together key international scholars to discuss current and future challenges for the Ombudsman institution and the systems of government within which they operate. The book is international in scope with authors heralding from most continents - Canada, the Netherlands, the United Kingdom, Australia, New Zealand, Hong Kong, South Africa, Germany, and Austria. This global analysis is both in-depth and expansive in its coverage of the operation of Ombudsmen across civil and common law legal systems. The book has two key themes: - The enduring question of the location and operation of Ombudsmen within public law systems in a changing state, and - The challenges faced by Ombudsmen in contemporary governance. This collection adds to the public law scholarship by addressing a common problem faced by all avenues of public law review – the evolving nature of modern public administration.
The Ombudsman in the Modern State
Author: Matthew Groves
Publisher: Bloomsbury Publishing
ISBN: 1509943250
Category : Law
Languages : en
Pages : 411
Book Description
Ombudsmen are a global phenomenon. They are also a critical part of the public law frameworks of modern liberal democracies. This is the first edited collection to examine the place of the ombudsman in the modern state. It brings together key international scholars to discuss current and future challenges for the Ombudsman institution and the systems of government within which they operate. The book is international in scope with authors heralding from most continents - Canada, the Netherlands, the United Kingdom, Australia, New Zealand, Hong Kong, South Africa, Germany, and Austria. This global analysis is both in-depth and expansive in its coverage of the operation of Ombudsmen across civil and common law legal systems. The book has two key themes: - The enduring question of the location and operation of Ombudsmen within public law systems in a changing state, and - The challenges faced by Ombudsmen in contemporary governance. This collection adds to the public law scholarship by addressing a common problem faced by all avenues of public law review – the evolving nature of modern public administration.
Publisher: Bloomsbury Publishing
ISBN: 1509943250
Category : Law
Languages : en
Pages : 411
Book Description
Ombudsmen are a global phenomenon. They are also a critical part of the public law frameworks of modern liberal democracies. This is the first edited collection to examine the place of the ombudsman in the modern state. It brings together key international scholars to discuss current and future challenges for the Ombudsman institution and the systems of government within which they operate. The book is international in scope with authors heralding from most continents - Canada, the Netherlands, the United Kingdom, Australia, New Zealand, Hong Kong, South Africa, Germany, and Austria. This global analysis is both in-depth and expansive in its coverage of the operation of Ombudsmen across civil and common law legal systems. The book has two key themes: - The enduring question of the location and operation of Ombudsmen within public law systems in a changing state, and - The challenges faced by Ombudsmen in contemporary governance. This collection adds to the public law scholarship by addressing a common problem faced by all avenues of public law review – the evolving nature of modern public administration.
The Legal Protection of Rights in Australia
Author: Matthew Groves
Publisher: Bloomsbury Publishing
ISBN: 1509919848
Category : Law
Languages : en
Pages : 645
Book Description
How do you protect rights without a Bill of Rights? Australia does not have a national bill or charter of rights and looks further away than ever from adopting one. But it does have a range of individual elements sourced from common law, statute and the Constitution which, though unsystematic, do provide Australians with some meaningful rights protection. This book outlines and explains the unique human rights journey of Australia. It moves beyond the criticisms long made of the Australian position – that its 'formalism', 'legalism' and 'exceptionalism' compromise its capacity for rights protection – to consider how the many elements of its novel legal structure operate. This book analyses the interlocking legal framework for the protection of rights in Australia. A key theme of the book is that the many different elements of a fragmented scheme can add up to something significant, albeit with significant gaps and flaws like any other legal rights protection framework. It shows how the jumbled influences of a common law heritage, a written constitution, differing paths taken by jurisdictions within a single federal state, statutory and common law innovations and a strong dose of comparative legal influences have led to the unique patchwork of rights protection in Australia. It will provide valuable reading for all those researching in human rights, constitutional and comparative law.
Publisher: Bloomsbury Publishing
ISBN: 1509919848
Category : Law
Languages : en
Pages : 645
Book Description
How do you protect rights without a Bill of Rights? Australia does not have a national bill or charter of rights and looks further away than ever from adopting one. But it does have a range of individual elements sourced from common law, statute and the Constitution which, though unsystematic, do provide Australians with some meaningful rights protection. This book outlines and explains the unique human rights journey of Australia. It moves beyond the criticisms long made of the Australian position – that its 'formalism', 'legalism' and 'exceptionalism' compromise its capacity for rights protection – to consider how the many elements of its novel legal structure operate. This book analyses the interlocking legal framework for the protection of rights in Australia. A key theme of the book is that the many different elements of a fragmented scheme can add up to something significant, albeit with significant gaps and flaws like any other legal rights protection framework. It shows how the jumbled influences of a common law heritage, a written constitution, differing paths taken by jurisdictions within a single federal state, statutory and common law innovations and a strong dose of comparative legal influences have led to the unique patchwork of rights protection in Australia. It will provide valuable reading for all those researching in human rights, constitutional and comparative law.
Government Accountability – Australian Administrative Law
Author: Judith Bannister
Publisher: Cambridge University Press
ISBN: 1316636690
Category : Law
Languages : en
Pages : 597
Book Description
The second edition of Government Accountability: Australian Administrative Law offers an accessible and practical introduction to administrative law in Australia. The text introduces the legal principles that regulate the exercise of power by public authorities and explains the legal mechanisms that exist to remedy failures, with an emphasis on the overarching principle of accountability. Thoroughly revised and updated to incorporate recent changes to case law and legislation, this edition offers expanded, contemporary material on public investigatory bodies, information disclosure, administrative review tribunals, the limits on juridical review, and procedural fairness. Updated case examples throughout illustrate the practical operation of these principles and assist readers to connect theory with practice. Government Accountability provides readers with a concise introduction to the contexts, theory and application of administrative law and arms students with the knowledge and skills to successfully analyse and assess the decisions and actions of public authorities.
Publisher: Cambridge University Press
ISBN: 1316636690
Category : Law
Languages : en
Pages : 597
Book Description
The second edition of Government Accountability: Australian Administrative Law offers an accessible and practical introduction to administrative law in Australia. The text introduces the legal principles that regulate the exercise of power by public authorities and explains the legal mechanisms that exist to remedy failures, with an emphasis on the overarching principle of accountability. Thoroughly revised and updated to incorporate recent changes to case law and legislation, this edition offers expanded, contemporary material on public investigatory bodies, information disclosure, administrative review tribunals, the limits on juridical review, and procedural fairness. Updated case examples throughout illustrate the practical operation of these principles and assist readers to connect theory with practice. Government Accountability provides readers with a concise introduction to the contexts, theory and application of administrative law and arms students with the knowledge and skills to successfully analyse and assess the decisions and actions of public authorities.
Legal Regulations, Implications, and Issues Surrounding Digital Data
Author: Jackson, Margaret
Publisher: IGI Global
ISBN: 1799831329
Category : Computers
Languages : en
Pages : 240
Book Description
Every year, there are advances in the way that we deal with information as individuals, governments, and organizations. We live and work predominantly online resulting in an enormous amount of digital data. The way that information is used is constantly changing with individuals, governments, and corporations all involved in collecting, storing, using, disclosing, and transferring information online. The growth in artificial intelligence and its effects on data will impact all individuals. It is imperative that a greater understanding of these new advances is gained, in particular, the legal implications they have for society. Legal Regulations, Implications, and Issues Surrounding Digital Data is an essential research publication that assists readers in understanding the current technology they are using, how digital data is being used by governments and organizations, and the current legal issues surrounding these areas that set out challenges in everyday life. Highlighting topics such as data protection, cybercrime, and privacy, this book is ideal for lawyers, academicians, IT specialists, policymakers, cybersecurity professionals, law professionals, researchers, academicians, and students.
Publisher: IGI Global
ISBN: 1799831329
Category : Computers
Languages : en
Pages : 240
Book Description
Every year, there are advances in the way that we deal with information as individuals, governments, and organizations. We live and work predominantly online resulting in an enormous amount of digital data. The way that information is used is constantly changing with individuals, governments, and corporations all involved in collecting, storing, using, disclosing, and transferring information online. The growth in artificial intelligence and its effects on data will impact all individuals. It is imperative that a greater understanding of these new advances is gained, in particular, the legal implications they have for society. Legal Regulations, Implications, and Issues Surrounding Digital Data is an essential research publication that assists readers in understanding the current technology they are using, how digital data is being used by governments and organizations, and the current legal issues surrounding these areas that set out challenges in everyday life. Highlighting topics such as data protection, cybercrime, and privacy, this book is ideal for lawyers, academicians, IT specialists, policymakers, cybersecurity professionals, law professionals, researchers, academicians, and students.
Research Handbook on the Ombudsman
Author: Marc Hertogh
Publisher: Edward Elgar Publishing
ISBN: 1786431254
Category : Law
Languages : en
Pages : 550
Book Description
The public sector ombudsman has become one of the most important administrative justice institutions in many countries around the world. This international and interdisciplinary Research Handbook brings together leading scholars and practitioners to discuss the state-of-the-art of ombudsman research. It uses new empirical studies and competing theoretical explanations to critically examine important aspects of the ombudsman’s work. This comprehensive Handbook is of value to academics designing future ombudsman studies and practitioners and policymakers in understanding the future challenges of the ombudsman.
Publisher: Edward Elgar Publishing
ISBN: 1786431254
Category : Law
Languages : en
Pages : 550
Book Description
The public sector ombudsman has become one of the most important administrative justice institutions in many countries around the world. This international and interdisciplinary Research Handbook brings together leading scholars and practitioners to discuss the state-of-the-art of ombudsman research. It uses new empirical studies and competing theoretical explanations to critically examine important aspects of the ombudsman’s work. This comprehensive Handbook is of value to academics designing future ombudsman studies and practitioners and policymakers in understanding the future challenges of the ombudsman.
Indigenous Aspirations and Structural Reform in Australia
Author: Harry Hobbs
Publisher: Bloomsbury Publishing
ISBN: 1509940154
Category : Law
Languages : en
Pages : 304
Book Description
Can the Australian state be restructured to empower Aboriginal and Torres Strait Islander peoples and ensure that their distinct voices are heard in the processes of government? This book provides an answer to that question for Australia and provides guidance for all states that claim jurisdiction and authority over the traditional lands of Indigenous peoples. By engaging directly with Indigenous peoples' nuanced and complex aspirations, this book presents a viable model for structural reform. It does so by adopting a distinctive and innovative approach: drawing on Indigenous scholarship globally it presents a coherent and compelling account of Indigenous peoples' political aspirations through the concept of sovereignty. It then articulates those themes into a set of criteria legible to Australia's system of governance. This original perspective produces a culturally informed metric to assess institutional mechanisms and processes designed to empower Indigenous peoples. Reflecting the Uluru Statement from the Heart's call for a First Nations Voice, the book applies the criteria to one specific institutional mechanism – Indigenous representative bodies. It analyses in detail the Aboriginal and Torres Strait Islander Commission and the Swedish Sámi Parliament, a representative body for the Indigenous people of Sweden. In examining the Sámi Parliament the book draws on a rich source of primary and secondary untranslated Swedish-language sources, resulting in the most comprehensive English language exploration of this unique institution. Highlighting the opportunities and challenges of Indigenous representative bodies, the book concludes by presenting a novel and informed model for structural reform in Australia that meets Indigenous aspirations.
Publisher: Bloomsbury Publishing
ISBN: 1509940154
Category : Law
Languages : en
Pages : 304
Book Description
Can the Australian state be restructured to empower Aboriginal and Torres Strait Islander peoples and ensure that their distinct voices are heard in the processes of government? This book provides an answer to that question for Australia and provides guidance for all states that claim jurisdiction and authority over the traditional lands of Indigenous peoples. By engaging directly with Indigenous peoples' nuanced and complex aspirations, this book presents a viable model for structural reform. It does so by adopting a distinctive and innovative approach: drawing on Indigenous scholarship globally it presents a coherent and compelling account of Indigenous peoples' political aspirations through the concept of sovereignty. It then articulates those themes into a set of criteria legible to Australia's system of governance. This original perspective produces a culturally informed metric to assess institutional mechanisms and processes designed to empower Indigenous peoples. Reflecting the Uluru Statement from the Heart's call for a First Nations Voice, the book applies the criteria to one specific institutional mechanism – Indigenous representative bodies. It analyses in detail the Aboriginal and Torres Strait Islander Commission and the Swedish Sámi Parliament, a representative body for the Indigenous people of Sweden. In examining the Sámi Parliament the book draws on a rich source of primary and secondary untranslated Swedish-language sources, resulting in the most comprehensive English language exploration of this unique institution. Highlighting the opportunities and challenges of Indigenous representative bodies, the book concludes by presenting a novel and informed model for structural reform in Australia that meets Indigenous aspirations.
Giving Future Generations a Voice
Author: Linehan, Jan
Publisher: Edward Elgar Publishing
ISBN: 1839108258
Category : Political Science
Languages : en
Pages : 232
Book Description
This important book focuses on how newly emerging institutions for future generations can contribute to tackling large scale global environmental problems, such as threats to biodiversity and climate change. It is especially timely given the new global impetus for decarbonisation, as well as the huge growth of climate litigation and climate protest movements, often led by young people.
Publisher: Edward Elgar Publishing
ISBN: 1839108258
Category : Political Science
Languages : en
Pages : 232
Book Description
This important book focuses on how newly emerging institutions for future generations can contribute to tackling large scale global environmental problems, such as threats to biodiversity and climate change. It is especially timely given the new global impetus for decarbonisation, as well as the huge growth of climate litigation and climate protest movements, often led by young people.
Dispute Management
Author: Pauline Collins
Publisher: Cambridge University Press
ISBN: 1108794718
Category : Law
Languages : en
Pages : 427
Book Description
Dispute Management is an introduction to dispute processes. It is a vital resource for students, lawyers and dispute practitioners.
Publisher: Cambridge University Press
ISBN: 1108794718
Category : Law
Languages : en
Pages : 427
Book Description
Dispute Management is an introduction to dispute processes. It is a vital resource for students, lawyers and dispute practitioners.
The Oxford Handbook of the Australian Constitution
Author: Cheryl Saunders
Publisher: Oxford University Press
ISBN: 0198738439
Category : Law
Languages : en
Pages : 1201
Book Description
Providing an interdisciplinary overview of Australian constitutional law and practice, this Handbook situates the development of the constitutional system in its proper context. It also examines recurrent themes and tensions in Australian constitutional law, and points the way for future developments.
Publisher: Oxford University Press
ISBN: 0198738439
Category : Law
Languages : en
Pages : 1201
Book Description
Providing an interdisciplinary overview of Australian constitutional law and practice, this Handbook situates the development of the constitutional system in its proper context. It also examines recurrent themes and tensions in Australian constitutional law, and points the way for future developments.
Commercial and Economic Law in Australia
Author: Dr Lynden Griggs
Publisher: Kluwer Law International B.V.
ISBN: 9403507020
Category : Law
Languages : en
Pages : 367
Book Description
Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of the law covering merchants' status and obligations – including the laws governing state intervention in economic activities – in Australia provides quick and easy guidance on such commercial and economic matters as business assets, negotiable instruments, commercial securities, and regulation of the conditions of commercial transactions. Lawyers who handle transnational business will appreciate the explanation of local variations in terminology and the distinctive concepts that determine practice and procedure. Starting with a general description of the specifically applicable concepts and sources of commercial law, the book goes on to discuss such factors as obligations of economic operators and institutions, goodwill, broker/client relations, commercial property rights, and bankruptcy. Discussion of economic law covers the laws governing establishment, supervision of economic activities, competition law, and government taxation incentives. These details are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. Thorough yet practical, this convenient volume is a valuable tool for business executives and their legal counsel with international interests. Lawyers representing parties with interests in Australia will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative commercial and economic law.
Publisher: Kluwer Law International B.V.
ISBN: 9403507020
Category : Law
Languages : en
Pages : 367
Book Description
Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of the law covering merchants' status and obligations – including the laws governing state intervention in economic activities – in Australia provides quick and easy guidance on such commercial and economic matters as business assets, negotiable instruments, commercial securities, and regulation of the conditions of commercial transactions. Lawyers who handle transnational business will appreciate the explanation of local variations in terminology and the distinctive concepts that determine practice and procedure. Starting with a general description of the specifically applicable concepts and sources of commercial law, the book goes on to discuss such factors as obligations of economic operators and institutions, goodwill, broker/client relations, commercial property rights, and bankruptcy. Discussion of economic law covers the laws governing establishment, supervision of economic activities, competition law, and government taxation incentives. These details are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. Thorough yet practical, this convenient volume is a valuable tool for business executives and their legal counsel with international interests. Lawyers representing parties with interests in Australia will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative commercial and economic law.