The Implications for Access to Justice of the Government's Proposals to Reform Judicial Review - HL 174, HC 868 PDF Download
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Author: Great Britain: Parliament: Joint Committee on Human Rights Publisher: The Stationery Office ISBN: 0108554465 Category : Business & Economics Languages : en Pages : 60
Book Description
According to the report The Implications For Access To Justice Of The Government's Proposals To Reform Judicial Review HC (868), the number of judicial reviews has remained remarkably steady when the increase in the number of immigration judicial reviews (now handled by the Upper Tribunal) is disregarded. The report covers: procedural defects and substantive outcomes; legal aid for judicial review cases; interveners and costs; capping of costs (protective costs orders); alternatives to the Government's judicial review reforms; judicial review and the public sector equality duty.
Author: Great Britain: Parliament: Joint Committee on Human Rights Publisher: The Stationery Office ISBN: 0108554465 Category : Business & Economics Languages : en Pages : 60
Book Description
According to the report The Implications For Access To Justice Of The Government's Proposals To Reform Judicial Review HC (868), the number of judicial reviews has remained remarkably steady when the increase in the number of immigration judicial reviews (now handled by the Upper Tribunal) is disregarded. The report covers: procedural defects and substantive outcomes; legal aid for judicial review cases; interveners and costs; capping of costs (protective costs orders); alternatives to the Government's judicial review reforms; judicial review and the public sector equality duty.
Author: The Stationery Office Publisher: The Stationery Office ISBN: 0108557278 Category : Business & Economics Languages : en Pages : 64
Book Description
Recommends amendments to the Health and Social Care Bill to ensure that private (or voluntary) sector care homes which accommodate publicly-funded residents are brought within the scope of the Human Rights Act. House of Commons papers 303 2007-08.
Author: Darryl K. Brown Publisher: Oxford University Press ISBN: 0190457880 Category : Law Languages : en Pages : 321
Book Description
Free Market Criminal Justice explains how faith in democratic politics and free markets has undermined the rule of law in US criminal process. America's unique political development, characterized by skepticism of government power, has restrained the state's role not only in the economic realm but also in key parts of its criminal justice systems. From charging decisions through trials or guilty pleas and appeals, legal safeguards against bias, wrongful convictions, and excessive punishment rely more on politics and laissez-faire economic ideas than on enforceable rules and duties. Prosecutorial discretion is checked not by legal standards but by popular elections, and plea bargaining law is wholly built on a faith in unregulated markets-in contrast to the systems in other common law countries that also have neoliberal economies, adversarial process, and high guilty plea rates. This book argues that democratic and market ideas have led to more partisan prosecutors, narrower duties of evidence disclosure, and to a right to defense counsel that carefully accommodates preexisting wealth inequalities. Most important, democratic and market values have diminished the responsibility of judges-and of the state itself-for the accuracy and integrity of court judgments. Paradoxically, skepticism of government has expanded state power, reduced checks on executive officials, marginalized juries, and contributed to record incarceration rates. In contrast to recent arguments for re-invigorating democracy in criminal process, Free Market Criminal Justice argues that, to strengthen the rule of law, US criminal justice needs less democracy, fewer market mechanisms, and more law.
Author: Ellie Palmer Publisher: Bloomsbury Publishing ISBN: 1849469334 Category : Law Languages : en Pages : 406
Book Description
Building on a series of ESRC funded seminars, this edited collection of expert papers by academics and practitioners is concerned with access to civil and administrative justice in constitutional democracies, where, for the past decade governments have reassessed their priorities for funding legal services: embracing 'new technologies' that reconfigure the delivery and very concept of legal services; cutting legal aid budgets; and introducing putative cost-cutting measures for the administration of courts, tribunals and established systems for the delivery of legal advice and assistance. Without underplaying the future potential of technological innovation, or the need for a fair and rational system for the prioritisation and funding of legal services, the book questions whether the absolutist approach to the dictates of austerity and the promise of new technologies that have driven the Coalition Government's policy, can be squared with obligations to protect the fundamental right of access to justice, in the unwritten constitution of the United Kingdom.
Author: Andrew Le Sueur Publisher: Oxford University Press ISBN: 0192870610 Category : Languages : en Pages : 732
Book Description
Public Law: Text, Cases, and Materials offers a fresh approach to the study of constitutional and administrative law by exploring how the law works in practice.The inclusion of extracts from key cases, government reports and academic articles demonstrates the law in action and the incisive commentary that accompanies them explains the significance of each. The expert authors have distilled their knowledge of the institutions and legal principles intoconcise, focused prose, and they encourage reflection through regular questions and hypothetical examples.This leading text provides students with a thorough and wide-ranging knowledge of public law, together with a full understanding of the theoretical and political debates in this fascinating and dynamic area of law.Digital formats and resourcesThe fifth edition is available for students and institutions to purchase in a variety of formats, and is supported by online resources.- The e-book offers a mobile experience and convenient access along with functionality tools, navigation features and links that offer extra learning support: www.oxfordtextbooks.co.uk/ebooks- The online resources that support the book include multiple-choice questions with answer feedback for students to test their understanding
Author: Great Britain: Parliament: Joint Committee on Human Rights Publisher: The Stationery Office ISBN: 0108554589 Category : Business & Economics Languages : en Pages : 48
Book Description
The Joint Committee on Human Rights welcomes the provision in the Criminal Courts and Justice Bill, carried over from the last Session of this Parliament, which extends the current offence of possession of extreme pornography to include possession of pornographic images depicting rape and other non-consensual sexual penetration. The Committee considers this provision to be human rights enhancing, given the evidence of cultural harm done by such pornography, and acknowledges the strong justification provided for this proportionate restriction on individual rights. However, some of the provisions of the Bill cause concern. The Committee is disappointed that the Government has not examined the provisions of the Bill against all the relevant international standards relating to the rights of children. It urges the Government to provide further information in relation to SEN provision in secure colleges; and recommends that the Bill be amended to make explicit that secure college rules can only authorise the use of reasonable force on children as a last resort. The Committee also reports on the Deregulation Bill. It expresses its concern that application of the economic growth duty in that Bill to the Equality and Human Rights Commission (EHRC) risks the possibility of that body's UN accredited 'A' status being downgraded and could put the UK in breach of its obligations under EU equality law. It recommends that this duty not be applied to the EHRC unless that body is satisfied that it can be done in a way that will not restrict its independence.
Author: John Bell Publisher: Bloomsbury Publishing ISBN: 184946992X Category : Law Languages : en Pages : 445
Book Description
This volume arises from the inaugural Public Law Conference hosted in September 2014 by the Centre for Public Law at the University of Cambridge, which brought together leading public lawyers from a number of common law jurisdictions. While those from such jurisdictions share background understandings, significant differences within the common law world create opportunities for valuable exchanges of ideas and debate. This collection draws upon one of the principal sub-themes that emerged during the conference – namely, the the way in which relationships and distinctions between the notions of 'process' and 'substance' play out in relation to and inform adjudication in public law cases. The essays contained in this volume address those issues from a variety of perspectives. While the bulk of the chapters consider topical issues in judicial review, either on common law or human rights grounds, or both, other chapters adopt more theoretical, historical, empirical or contextual approaches. Concluding chapters reflect generally on the papers in the collection and the value of facilitating cross-jurisdictional dialogue.
Author: Lisa Webley Publisher: Oxford University Press ISBN: 0198853181 Category : Public law Languages : en Pages : 746
Book Description
'Complete Public Law' combines extracts from key primary and secondary materials with jargon-free text to provide a resource for the student new to the study of constitutional and administrative law.
Author: Michael Zander Publisher: Bloomsbury Publishing ISBN: 1509934545 Category : Law Languages : en Pages : 557
Book Description
As a critical, in-depth analysis of the law-making process, this book has no equal. It deals with all the stages and forms of law-making: - the preparation of legislation; - its passage through Parliament; - statutory interpretation; - the operation of the rules of precedent in judicial decision-making; - the many facets of judicial law-making; - the machinery of law reform. The new eighth edition covers the operation of EU law in the UK after Brexit. It also covers pre-Brexit events such as the unprecedented legislation by backbench MPs to stop a No Deal Exit from the EU and the two great Supreme Court decisions over the triggering of Brexit and the prorogation of Parliament. The books draws on a wide range of sources including important new empirical research such as Lord Sumption's 2019 Reith lectures (Trials of the State – Law and the Decline of Politics) and the work of Sir Geoffrey Palmer, former Prime Minister and Justice Minister of New Zealand on The Law Reform Enterprise. There are new sections on the attempt to control the size of the House of Lords, on whether Parliament should have a role in the selection of senior judges and on the topical question whether decisions of the courts on constitutional questions are 'legal' or 'political'.
Author: Great Britain: Parliament: Joint Committee on Human Rights
Author: Great Britain: Parliament: Joint Committee on Human Rights
Author: William Wade
Author: The Stationery Office
Author: Darryl K. Brown
Author: Ellie Palmer
Author: Andrew Le Sueur
Author: Great Britain: Parliament: Joint Committee on Human Rights
Author: John Bell
Author: Lisa Webley
Author: Michael Zander