UK, EU and Global Administrative Law PDF Download

Author: Paul Craig
Publisher: Cambridge University Press
ISBN: 110712512X
Category : Law
Languages : en
Pages : 845

View

Book Description
A detailed analysis of the foundations and challenges of UK, EU and global administrative law.

Author: Aileen Kavanagh
Publisher: Cambridge University Press
ISBN: 1139488961
Category : Law
Languages : en
Pages : 470

View

Book Description
Under the Human Rights Act, British courts are for the first time empowered to review primary legislation for compliance with a codified set of fundamental rights. In this book, Aileen Kavanagh argues that the HRA gives judges strong powers of constitutional review, similar to those exercised by the courts under an entrenched Bill of Rights. The aim of the book is to subject the leading case-law under the HRA to critical scrutiny, whilst remaining sensitive to the deeper constitutional, political and theoretical questions which underpin it. Such questions include the idea of judicial deference, the constitutional status of the HRA, the principle of parliamentary sovereignty and the constitutional division of labour between Parliament and the courts. The book closes with a sustained defence of the legitimacy of constitutional review in a democracy, thus providing a powerful rejoinder to those who are sceptical about judicial power under the HRA.

Author: C. A. Gearty
Publisher: Oxford University Press
ISBN: 0198787634
Category : Law
Languages : en
Pages : 257

View

Book Description
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.

Author: Adam S. Chilton
Publisher:
ISBN: 0190871458
Category : Law
Languages : en
Pages : 397

View

Book Description
Do countries that add rights to their constitutions actually do better at protecting those rights? This study draws on global statistical analyses and survey experiments to answer this question. It explores whether constitutionalizing rights improves respect for those rights in practice.

Author: Adrian Brown
Publisher:
ISBN: 9780414043992
Category :
Languages : en
Pages : 0

View

Book Description
Public Procurement Law Review

Author: Ester Herlin-Karnell
Publisher: Bloomsbury Publishing
ISBN: 1509903097
Category : Law
Languages : en
Pages : 209

View

Book Description
The European Union regime for fighting market manipulation and insider trading – commonly referred to as market abuse – was significantly reshuffled in the wake of the financial crisis of 2007/2008 and new legal instruments to fight market abuse were eventually adopted in 2014. In this monograph the authors identify the association between the financial crisis and market abuse, critically consider the legislative, policy and enforcement responses in the European Union, and contrast them with the approaches adopted by the United States of America and the United Kingdom respectively. The aftermath of the financial crisis, ongoing security concerns and increased legislation and policy responses to the fight against irregularities and market failures demonstrate that we need to understand, in context, the regulatory responses taken in this area. Specifically, the book investigates how the regulatory responses have changed over time since the start of the financial crisis. Market Manipulation and Insider Trading places the fight against market abuse in the broader framework of the fight against white collar crime and also considers some associated questions in order to better understand the contemporary market abuse regime.

Author: Vernon Bogdanor
Publisher: Bloomsbury Publishing
ISBN: 1847317146
Category : Law
Languages : en
Pages : 358

View

Book Description
The last decade has seen radical changes in the way we are governed. Reforms such as the Human Rights Act and devolution have led to the replacement of one constitutional order by another. This book is the first to describe and analyse Britain's new constitution, asking why it was that the old system, seemingly hallowed by time, came under challenge, and why it is being replaced. The Human Rights Act and the devolution legislation have the character of fundamental law. They in practice limit the rights of Westminster as a sovereign parliament, and establish a constitution which is quasi-federal in nature. The old constitution emphasised the sovereignty of Parliament. The new constitution, by contrast, emphasises the separation of powers, both territorially and at the centre of government. The aim of constitutional reformers has been to improve the quality of government. But the main weakness of the new constitution is that it does little to secure more popular involvement in politics. We are in the process of becoming a constitutional state, but not a popular constitutional state. The next phase of constitutional reform, therefore, is likely to involve the creation of new forms of democratic engagement, so that our constitutional forms come to be more congruent with the social and political forces of the age. The end-point of this piecemeal process might well be a fully codified or written constitution which declares that power stems not from the Queen-in Parliament, but, instead, as in so many constitutions, from `We, the People'. The old British constitution was analysed by Bagehot and Dicey. In this book Vernon Bogdanor charts the significance of what is coming to replace it. The expenses scandal shows up grave defects in the British constitution. Vernon Bogdanor shows how the constitution can be reformed and the political system opened up in`The New British Constitution'.

Author: Sabrina Germain
Publisher: Bloomsbury Publishing
ISBN: 1509902708
Category : Law
Languages : en
Pages : 223

View

Book Description
"This book explores the influence of justice principles in the field of health care law. By examining the role played by key stakeholders, it tracks the evolution of distributive norms for the allocation of healthcare resources in western welfare states. The issue of justice in the field of health care is becoming more central, with concerns over access, cost and provision. Recent reforms such as Obamacare in the United States and NHS Social and Care Act in the United Kingdom have seen increased pressure on governments to find just and equitable solutions to the problem of healthcare provision. This book addresses the fundamental question of what role justice should play in the allocation of services in the field and offers a more optimal model for their distribution"--

Author: Ittai Bar-Siman-Tov
Publisher: Springer Nature
ISBN: 3030727483
Category : Law
Languages : en
Pages : 333

View

Book Description
This book is the first in the world to provide a cross-national, comparative exploration of omnibus legislation. It contributes to the global debate over omnibus legislation and offers comprehensive, thorough and multifaceted coverage that concerns the fields of legislation and legisprudence, comparative law, political science, public policy and economics. Beyond its relevance for these fields, the book will support practitioners in parliaments, governments and courts, thereby impacting the actual use of omnibus legislation. A new, major and controversial reform is enacted in the middle of the night. It is buried in a massive omnibus bill hundreds of pages in length, which is rammed through the legislative process at breakneck speed. The legislators receive the final version of the bill in the very last minute, and protest that they’ve had no opportunity to read it in detail and know what they’re voting upon. The majority party’s legislative leaders, however, are unimpressed, and the law is eventually passed on the basis of strict party discipline. Though it may sound far-fetched, this scenario is all too familiar in many legislatures around the world. The legislative practice of combining numerous unrelated measures in one long bill, which is often passed via a highly expedited process, has become a matter of intense debate and criticism in many countries.

Author: Ivor Jennings
Publisher: Cambridge University Press
ISBN: 9780521054294
Category : Political Science
Languages : en
Pages : 246

View

Book Description
The British Constitution is accepted, in England at least, as the symbol for soundness and reliability: and yet its unwritten mysteries and its practical resilience are the despair of theorists. It is as unexpected as a person, and seems to be defined only by the fact that it lives and works. This 1966 book, then, might be described as a biography by one who has a first-hand knowledge of his subject. It offers ordinary British citizens a reasonable and detached introduction to the system in which they play so large a part; at the same time it provides, for friends and critics overseas, a simple and reliable account of its growth and functioning.