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Author: Christopher Forsyth Publisher: Bloomsbury Publishing ISBN: 1847311873 Category : Law Languages : en Pages : 480
Book Description
This collection of essays presents opposing sides of the debate over the foundations of judicial review. In this work,however, the discussion of whether the 'ultra vires' doctrine is best characterised as a central principle of administrative law or as a harmless, justificatory fiction is located in the highly topical and political context of constitutional change. The thorough jurisprudential analysis of the relative merits of models of 'legislative intention' and 'judicial creativity' provides a sound base for consideration of the constitutional problems arising out of legislative devolution and the Human Rights Act 1998. As the historical orthodoxy is challenged by growing institutional independence, leading figures in the field offer competing perspectives on the future of judicial review. “Confucius was wrong to say that it is a curse to live in interesting times. We are witnessing the development of a constitutional philosophy which recognises fundamental values and gives them effect in the mediation of law to the people”. (Sir John Laws) Contributors Nick Bamforth, Paul Craig, David Dyzenhaus, Mark Elliott, David Feldman, Christopher Forsyth, Brigid Hadfield, Jeffrey Jowell QC, Sir John Laws, Dawn Oliver, Sir Stephen Sedley, Mark Walters. With short responses by: TRS Allan, Stephen Bailey, Robert Carnworth, Martin Loughlin, Michael Taggart, Sir William Wade.
Author: D. Vaver Publisher: Essentials of Canadian Law ISBN: 9781552212097 Category : Law Languages : en Pages : 835
Book Description
One of the most important treatises on the subject in Canada for scholars, practitioners, policy analysts and students alike. The book has been cited as a leading authority by all levels of courts, including the Supreme Court of Canada.
Author: Michael Taggart Publisher: Bloomsbury Publishing ISBN: 1847313310 Category : Law Languages : en Pages : 410
Book Description
During the past decade, administrative law has experienced remarkable development. It has consistently been one of the most dynamic and potent areas of legal innovation and of judicial activism. It has expanded its reach into an ever broadening sphere of public and private activities. Largely through the mechanism of judicial review, the judges in several jurisdictions have extended the ambit of the traditional remedies, partly in response to a perceived need to fill an accountability vacuum created by the privatisation of public enterprises, the contracting-out of public services, and the deregulation of industry and commerce. The essays in this volume focus upon these and other shifts in administrative law, and in doing so they draw upon the experiences of several jurisdictions: the UK, the US, Canada, Australia and New Zealand. The result is a wide-ranging and forceful analysis of the scope, development and future direction of administrative law.
Author: Jeffrey Bruce Berryman Publisher: Essentials of Canadian Law ISBN: 9781552213308 Category : Law Languages : en Pages : 596
Book Description
This new edition traces the development in the Canadian law of equitable remedies, greatly influenced by decisions of the Supreme Court of Canada which, since the first edition, has ruled on the availability of Anton Piller orders, specific performance, equitable compensation, and rectification. Beyond these substantive equitable remedies the Supreme Court has also opined on a number of occasions about the nature of modern equity in Canada; in effect, breathing life into equity's distinctive methodology. New areas covered in this edition include the maxims of equity; the appropriate default test for interlocutory injunctions including new discussion on when it is appropriate to allow a view of the merits of the substantive dispute to determine the interlocutory proceedings; the general principles of specific performance, including a critique of the current law on enforcement of keep-open clauses; the contemporary impact of the Supreme Court of Canada's rulings on the availability of specific performance, particularly for those who invest in l∧ a discussion of equitable damages and equitable compensation which includes new commentary on when damages are assessed that go beyond compensation and toward disgorgement; and new material on rectification, including a section on rectification and taxation cases.
Author: Patrick Monahan Publisher: Essentials of Canadian Law ISBN: 9781552214404 Category : Law Languages : en Pages : 672
Book Description
The fifth edition of Constitutional Law represents a significant update of the fourth edition. Since 2013, the Supreme Court of Canada has continued to develop the jurisprudence in all areas of constitutional law, including freedom of association, equality rights, and Indigenous title. The book includes the complete Canadian Constitution.
Author: C. F. Forsyth Publisher: Oxford University Press ISBN: 9780198264699 Category : Law Languages : en Pages : 400
Book Description
This is a lively collection of essays by an internationally distinguished group of the world's most respected administrative lawyers. It is a timely work as public law in the United Kingdom is at an extremely interesting stage in its long development. A period of unprecedented expansion in the judicial review jurisdiction and the growing legal impact of membership of the European Community provide an incentive to reflect upon and consolidate existing learning, and assess how public law doctrine and scholarship will progress into the new millenium. There has also been a recent burgeoning of theoretical public law scholarship and the development of more critical and socio-legal approaches to the subject of law and administration. This book takes account of all these factors, and also reflects the international dimension of administrative law issues. The essays are written in honour of Sir Wlliam Wade, who was Professor of English at St John's College Oxford, Rouse Ball Professor of English Law at the University of Cambridge and Master of Gonville and Caius College Cambridge. He is one of the leading scholars of his generation and is justly credited for having contributed hugely to the development of administrative law in Britain through his text Administrative Law (OUP) but also through the Hamlyn lectures and through his work as a member of the English bar, his lectures throughout the world and numerous articles, notes and essays.
Author: Chittharanjan Felix Amerasinghe
Author: Chittharanjan Felix Amerasinghe
Author: Christopher Forsyth
Author: B. C. Sarma
Author: D. Vaver
Author: Michael Taggart
Author: Jeffrey Bruce Berryman
Author: Patrick Monahan
Author: C. F. Forsyth
Author: Satya Ranjan Das
Author: Mark Elliott