Author: Dean R. KnightPublisher: Cambridge University Press
ISBN: 110719024X
Category : Law
Languages : en
Pages : 309
Book Description
Explores how courts vary the depth of scrutiny in judicial review and the virtues of different approaches.
Vigilance and Restraint in the Common Law of Judicial Review
Author: Dean R. KnightPublisher: Cambridge University Press
ISBN: 110719024X
Category : Law
Languages : en
Pages : 309
Book Description
Explores how courts vary the depth of scrutiny in judicial review and the virtues of different approaches.
Vigilance and Restraint in the Common Law of Judicial Review
Author: Dean R. KnightPublisher: Cambridge University Press
ISBN: 1108117708
Category : Law
Languages : en
Pages : 309
Book Description
The mediation of the balance between vigilance and restraint is a fundamental feature of judicial review of administrative action in the Anglo-Commonwealth. This balance is realised through the modulation of the depth of scrutiny when reviewing the decisions of ministers, public bodies and officials. While variability is ubiquitous, it takes different shapes and forms. Dean R. Knight explores the main shapes and forms employed in judicial review in England, Canada, Australia and New Zealand over the last fifty years. Four schemata are drawn from the case law and taken back to conceptual foundations, exposing their commonality and differences, and each approach is evaluated. This detailed methodology provides a sound basis for decisions and debates about how variability should be brought to individual cases and will be of great value to legal scholars, judges and practitioners interested in judicial review.
Judicial Review of Administrative Action
Author: Swati JhaveriPublisher: 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.
Vigilance and Restraint in the Common Law of Judicial Review
Author: Dean R. KnightPublisher: Cambridge University Press
ISBN: 1108119107
Category : Law
Languages : en
Pages : 309
Book Description
The mediation of the balance between vigilance and restraint is a fundamental feature of judicial review of administrative action in the Anglo-Commonwealth. This balance is realised through the modulation of the depth of scrutiny when reviewing the decisions of ministers, public bodies and officials. While variability is ubiquitous, it takes different shapes and forms. Dean R. Knight explores the main shapes and forms employed in judicial review in England, Canada, Australia and New Zealand over the last fifty years. Four schemata are drawn from the case law and taken back to conceptual foundations, exposing their commonality and differences, and each approach is evaluated. This detailed methodology provides a sound basis for decisions and debates about how variability should be brought to individual cases and will be of great value to legal scholars, judges and practitioners interested in judicial review.
Parliamentary Sovereignty
Author: Jeffrey GoldsworthyPublisher: Cambridge University Press
ISBN: 1139491512
Category : Law
Languages : en
Pages :
Book Description
This book has four main themes: (1) a criticism of 'common law constitutionalism', the theory that Parliament's authority is conferred by, and therefore is or can be made subordinate to, judge-made common law; (2) an analysis of Parliament's ability to abdicate, limit or regulate the exercise of its own authority, including a revision of Dicey's conception of sovereignty, a repudiation of the doctrine of implied repeal and the proposal of a novel theory of 'manner and form' requirements for law-making; (3) an examination of the relationship between parliamentary sovereignty and statutory interpretation, defending the reality of legislative intentions, and their indispensability to sensible interpretation and respect for parliamentary sovereignty; and (4) an assessment of the compatibility of parliamentary sovereignty with recent constitutional developments, including the expansion of judicial review of administrative action, the Human Rights and European Communities Acts and the growing recognition of 'constitutional principles' and 'constitutional statutes'.
Judicial Review Handbook
Author: Michael FordhamPublisher: John Wiley & Sons
ISBN:
Category : Law
Languages : en
Pages : 988
Book Description
This fully revised edition of a bestseller presents the law and practice of judicial reviewdeconstructed and represented in a unique format. It provides rapid access to vital sources of authority and case synopses, providing an essential guide to the huge volume of case law in this area.
De Smith's Judicial Review of Administrative Action
Author: Stanley A. De SmithPublisher:
ISBN:
Category : Law
Languages : en
Pages : 704
Book Description
A Theory of Deference in Administrative Law
Author: Paul DalyPublisher: Cambridge University Press
ISBN: 1107025516
Category : Law
Languages : en
Pages : 323
Book Description
Paul Daly develops a theory concerning the appropriate allocation of authority between courts and administrative bodies.
Judicial Review in an Objective Legal System
Author: Tara SmithPublisher: Cambridge University Press
ISBN: 1107114497
Category : Law
Languages : en
Pages : 303
Book Description
This book grounds judicial review in its deepest foundations: the function, authority, and objectivity of a legal system as a whole.
An Introduction to the Study of the Law of the Constitution
Author: A.V. DiceyPublisher: Springer
ISBN: 134917968X
Category : Social Science
Languages : en
Pages : 729
Book Description
A starting point for the study of the English Constitution and comparative constitutional law, The Law of the Constitution elucidates the guiding principles of the modern constitution of England: the legislative sovereignty of Parliament, the rule of law, and the binding force of unwritten conventions.