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Author: Mark I. Aronson Publisher: ISBN: 9780455230719 Category : Judicial review of administrative acts Languages : en Pages : 995
Book Description
Repeatedly cited in the High Court of Australia, this landmark work remains an authoritative reference for judicial officers, practioners and students alike.
Author: Mark I. Aronson Publisher: ISBN: 9780455230719 Category : Judicial review of administrative acts Languages : en Pages : 995
Book Description
Repeatedly cited in the High Court of Australia, this landmark work remains an authoritative reference for judicial officers, practioners and students alike.
Author: Louis Leventhal Jaffe Publisher: ISBN: Category : Law Languages : en Pages : 816
Book Description
Collection of articles on legal aspects and control of the administration of justice in the USA and examination of major aspects of the relationship between agencies of economic administration and other forms of public administration and courts of law - includes relevant jurisprudence.
Author: Swati Jhaveri Publisher: Cambridge University Press ISBN: 1108481574 Category : Law Languages : en Pages : 447
Book Description
Explores the English origins of the principles of judicial review in common law jurisdictions and autochthonous pressures for their adaptation.
Author: Chris Backes Publisher: Bloomsbury Publishing ISBN: 1509921478 Category : Law Languages : en Pages : 1031
Book Description
This casebook studies the law governing judicial review of administrative action. It examines the foundations and the organisation of judicial review, the types of administrative action, and corresponding kinds of review and access to court. Significant attention is also devoted to the conduct of the court proceedings, the grounds for review, and the standard of review and the remedies available in judicial review cases. The relevant rules and case law of Germany, England and Wales, France and the Netherlands are analysed and compared. The similarities and differences between the legal systems are highlighted. The impact of the jurisprudence of the European Court of Human Rights is considered, as well as the influence of EU legislative initiatives and the case law of the Court of Justice of the European Union, in the legal systems examined. Furthermore, the system of judicial review of administrative action before the European courts is studied and compared to that of the national legal systems. During the last decade, the growing influence of EU law on national procedural law has been increasingly recognised. However, the way in which national systems of judicial review address the requirements imposed by EU law differs substantially. The casebook compares the primary sources (legislation, case law etc) of the legal systems covered, and explores their differences and similarities: this examination reveals to what extent a ius commune of judicial review of administrative action is developing.
Author: Hilary Delany Publisher: Round Hall Thomson Reuters ISBN: 9781858005331 Category : Administrative law Languages : en Pages : 489
Book Description
This updated and expanded second edition of Judicial Review of Administrative Action provides a comprehensive treatment and analysis of this area of the law. While it concentrates on examining and analysing the grounds for judicial review in this jurisdiction, reference is also made where appropriate to the relevant principles as they have developed in other common law countries, particularly England, Canada, Australia and New Zealand. Significant recent decisions from these jurisdictions are examined and their potential relevance to developments in the law in this jurisdiction is assessed. A key text for both students and practitioners, it also examines and analyses judicial review procedure and the nature and scope of the remedies available in such proceedings. Professor Hilary Delany has practised as a barrister and is currently Head of School in the School of Law, Trinity College Dublin.
Author: Cass R. Sunstein Publisher: Harvard University Press ISBN: 0674247531 Category : Law Languages : en Pages : 209
Book Description
From two legal luminaries, a highly original framework for restoring confidence in a government bureaucracy increasingly derided as “the deep state.” Is the modern administrative state illegitimate? Unconstitutional? Unaccountable? Dangerous? Intolerable? American public law has long been riven by a persistent, serious conflict, a kind of low-grade cold war, over these questions. Cass Sunstein and Adrian Vermeule argue that the administrative state can be redeemed, as long as public officials are constrained by what they call the morality of administrative law. Law and Leviathan elaborates a number of principles that underlie this moral regime. Officials who respect that morality never fail to make rules in the first place. They ensure transparency, so that people are made aware of the rules with which they must comply. They never abuse retroactivity, so that people can rely on current rules, which are not under constant threat of change. They make rules that are understandable and avoid issuing rules that contradict each other. These principles may seem simple, but they have a great deal of power. Already, without explicit enunciation, they limit the activities of administrative agencies every day. But we can aspire for better. In more robust form, these principles could address many of the concerns that have critics of the administrative state mourning what they see as the demise of the rule of law. The bureaucratic Leviathan may be an inescapable reality of complex modern democracies, but Sunstein and Vermeule show how we can at last make peace between those who accept its necessity and those who yearn for its downfall.
Author: Mark I. Aronson
Author: Mark I. Aronson
Author: Louis Leventhal Jaffe
Author: Swati Jhaveri
Author: Stanley A. De Smith
Author: Chris Backes
Author: Hilary Delany
Author: Mark I. Aronson
Author: C. J. Smith
Author: Cass R. Sunstein
Author: Stanley A. DeSmith