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| Author | : Dean R. Knight |
| Publisher | : Cambridge University Press |
| Total Pages | : 309 |
| Release | : 2018-04-19 |
| Genre | : Law |
| ISBN | : 110719024X |
Explores how courts vary the depth of scrutiny in judicial review and the virtues of different approaches.
| Author | : Voraphol Malsukhum |
| Publisher | : Springer Nature |
| Total Pages | : 269 |
| Release | : 2021-07-01 |
| Genre | : Law |
| ISBN | : 9811612676 |
This book presents a navigating framework of legal culture and legality to facilitate a comprehensive understanding of the English and Australian determination of the grounds of judicial review. This book facilitates tangible process of how and why jurisdictional error, jurisdictional fact, proportionality and substantive legitimate expectations are debatable in English law, while they are either completely rejected or firmly entrenched in Australian law. This book argues that these differences are not just random. Legality is not just a fig-leaf, but is profoundly rooted in legal systems’ legal culture; hence, it dictates the way in which courts empower, justify, constrain or limit the scope of judicial review. This book presents evidence that courts differ in legal systems and apply diverse ways to determine the scope of judicial review based on their deep understanding of legality, which is embedded in the legal culture of their legal system. This book uses comparative methodology and develops this framework between English and Australian law. Although obvious and important, this book presents a kind of examination that has never been undertaken in this depth and detail before.
| Author | : Jonathan Auburn |
| Publisher | : OUP Oxford |
| Total Pages | : 8561 |
| Release | : 2013-03-21 |
| Genre | : Law |
| ISBN | : 019166572X |
Covering all of the substantive grounds on which a claim may be brought, this definitive new work provides unrivalled analysis and guidance on the law of judicial review. Written by three experienced practitioners, Judicial Review: Principles and Procedure includes chapters on the most common grounds for bringing a claim, such as procedural fairness and irrationality, but also covers emerging grounds such as delay on the part of public bodies and error of fact. In addition, the authors provide a separate, detailed treatment of areas such as administrative policies and the public sector equality duty. Each element of this complex area of law is carefully broken down to ensure that answers are always easy to find and, where the law is in doubt, the dispute is concisely stated and the view most likely to be preferred by the courts is expressed. The book analyses in detail the issues that are likely to arise in practice, with thorough and up-to-date reference to case law throughout. It incorporates the jurisprudence arising out of the Human Rights Act 1998, providing practitioners with a complete yet practical treatment of each relevant topic. The book contains comprehensive coverage of procedural matters in each stage of a claim, from pre-action to costs, and includes a chapter on European Union law from Marie Demetriou QC of Brick Court Chambers, providing a uniquely full treatment of all the issues which might be encountered in practice.
| Author | : Vanessa Veselka |
| Publisher | : Vintage |
| Total Pages | : 481 |
| Release | : 2021-06-29 |
| Genre | : Fiction |
| ISBN | : 1984899570 |
NATIONAL BOOK AWARD NOMINEE • A wildly original, cross-country novel that subverts a long tradition of family narratives and casts new light on the mythologies—national, individual, and collective—that drive and define us. On the day of their estranged father’s wedding, half sisters Cheyenne and Livy set off to claim their inheritance. It’s been years since the two have seen each other. Cheyenne is newly back in Seattle, crashing with Livy after a failed marriage and a series of personal and professional dead ends. Livy works refinishing boats, her resentment against her freeloading sister growing as she tamps down dreams of fishing off the coast of Alaska. But the promise of a shot at financial security brings the two together to claim what’s theirs. Except, instead of money, what their father gives them is information—a name—which forces them to come to grips with a long-held family secret. In the face of their new reality, the sisters and their adopted brother each set out on journeys that will test their faith in one another, as well as their definitions of freedom. Moving from Seattle’s underground to the docks of the Far North, from the hideaways of the southern swamps to the storied reaches of the Great Offshore Grounds, Vanessa Veselka spins a tale with boundless verve, linguistic vitality, and undeniable tenderness.
| Author | : |
| Publisher | : |
| Total Pages | : |
| Release | : 2007 |
| Genre | : Civil procedure |
| ISBN | : |
This book provides guidance for judicial officer in the conduct of civil proceedings, from preliminary matters to the conduct of final proceedings and the assessment of damages and costs. It contains concise statements of relevant legal principles, references to legislation, sample orders for judicial official to use where suitable and checklists applicable to various kinds of issues that arise in the course of managing and conducting civil litigation.
| Author | : American Bar Association. House of Delegates |
| Publisher | : American Bar Association |
| Total Pages | : 216 |
| Release | : 2007 |
| Genre | : Law |
| ISBN | : 9781590318737 |
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
| Author | : Edward Samuel Corwin |
| Publisher | : |
| Total Pages | : 196 |
| Release | : 2015-09-27 |
| Genre | : History |
| ISBN | : 9781330619155 |
Excerpt from The Doctrine of Judicial Review, Its Legal and Historical Basis, and Other Essays In the preparation of another volume, not yet published, I have encountered a number of questions involving controversies important to the student of American Constitutional History, an extended consideration of which however in those pages I felt to be out place. The following studies present my conclusions with regard to these questions, and the grounds of them. In the principal essay, I have endeavored to present judicial review as the outcome of a view of legislative power which arose in consequence of the astonishing abuse of their powers by the early State legislatures but which was first appreciated for its full worth by the Convention that framed the Constitution of the United States. Incidentally I have, I trust, laid to rest that most inconclusive "explanation" of judicial review which dwells on the idea that a legislative measure contrary to the constitution is not law and never was. The alleged explanation totally ignores the crucial question, which is, Why is it the judicial view of the constitution that legislative measures have to conform to? The article on the Dred Scott Decision treats of the most dramatic episode in the history of judicial review, though one that is by no means the best illustrative of the spirit of the institution. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
| Author | : David Alm |
| Publisher | : Routledge |
| Total Pages | : 407 |
| Release | : 2018-12-07 |
| Genre | : Philosophy |
| ISBN | : 1351595539 |
Moral Rights and Their Grounds offers a novel theory of rights based on two distinct views. The first—the value view of rights—argues that for a person to have a right is to be valuable in a certain way, or to have a value property. This special type of value is in turn identified by the reasons that others have for treating the right holder in certain ways, and that correlate with the value in question. David Alm then argues that the familiar agency view of rights should be replaced with a different version according to which persons’ rights, and thus at least in part their value, are based on their actions rather than their mere agency. This view, which Alm calls exercise-based rights, retains some of the most valuable features of the agency view while also defending it against common objections concerning right loss. This book presents a unique conception of exercise-based rights that will be of keen interest to ethicists, legal philosophers, and political philosophers interested in rights theory.
| Author | : John Arthur |
| Publisher | : Routledge |
| Total Pages | : 356 |
| Release | : 2018-02-12 |
| Genre | : Political Science |
| ISBN | : 0429982585 |
Words That Bind presents a careful and nuanced treatment of constitutional interpretation and judicial review. By bringing constitutional theory and contemporary political philosophy to bear on each other, John Arthur illuminates these topics as no other recent author has.
| Author | : Tara Smith |
| Publisher | : Cambridge University Press |
| Total Pages | : 303 |
| Release | : 2015-07-30 |
| Genre | : Law |
| ISBN | : 1107114497 |
This book grounds judicial review in its deepest foundations: the function, authority, and objectivity of a legal system as a whole.
