Legal Culture Legality And The Determination Of The Grounds Of Judicial Review Of Administrative Action In England And Australia PDF Download
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Author | : Voraphol Malsukhum |
Publisher | : Springer Nature |
Total Pages | : 269 |
Release | : 2021-07-01 |
Genre | : Law |
ISBN | : 9811612676 |
Download Legal Culture, Legality and the Determination of the Grounds of Judicial Review of Administrative Action in England and Australia Book in PDF, ePub and Kindle
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 | : Mark I. Aronson |
Publisher | : |
Total Pages | : 1212 |
Release | : 2016-12-22 |
Genre | : Government liability |
ISBN | : 9780455238241 |
Download Judicial Review of Administrative Action and Government Liability Book in PDF, ePub and Kindle
Judicial Review of Administrative Action and Government Liability Sixth Edition is one of Australia's most respected legal texts. It became the first title in our prestigious Lawbook Library Series, because it represents definitive legal scholarship and publishing excellence in Australian law. For two decades, this work has both mapped and supported development of the law and practice of judicial review of administrative action throughout Australia. Repeatedly cited in the High Court of Australia, this landmark work remains the definitive scholarly work for judicial officers, practitioners and students alike. Significant developments have occurred since the Fifth Edition published in 2013. The book now includes an entirely new chapter on what is now a substantial body of special statutory and common law rules that apply to government liability in contract, tort, and restitution. Numerous decisions of the High Court and the Federal Court, in particular, are producing a discernible relaxation of the traditional grounds of review, and a more expansive approach to the interpretation of regulatory statutes. In addition, the Full Court of the Federal Court has announced a simplification of the criteria for appeals limited to questions of law, overturning literally dozens of earlier precedents.
Author | : Carol Harlow |
Publisher | : Edward Elgar Publishing |
Total Pages | : 343 |
Release | : 2023-02-14 |
Genre | : Law |
ISBN | : 1800883765 |
Download A Research Agenda for Administrative Law Book in PDF, ePub and Kindle
With the aim of expanding legal scholarly imagination, this Research Agenda takes a tripolar approach to administrative law. It opens the boundaries of administrative law scholarship to new subject areas, exemplifies and opens for consideration several different attitudes to research, and illustrates a multiplicity of different ways of writing about the subject.
Author | : Peter Cane |
Publisher | : Oxford University Press, USA |
Total Pages | : 1169 |
Release | : 2021-01-17 |
Genre | : Law |
ISBN | : 0198799985 |
Download The Oxford Handbook of Comparative Administrative Law Book in PDF, ePub and Kindle
In this Handbook, distinguished experts in the field of administrative law discuss a wide range of issues from a comparative perspective. The book covers the historical beginnings of comparative administrative law scholarship, and discusses important methodological issues and basic concepts such as administrative power and accountability.
Author | : Law Reform Commission of Western Australia |
Publisher | : |
Total Pages | : |
Release | : 1982 |
Genre | : Law reform |
ISBN | : |
Download The Judicial Review of Administrative Decisions Book in PDF, ePub and Kindle
Author | : Paul Daly |
Publisher | : Oxford University Press |
Total Pages | : 321 |
Release | : 2021 |
Genre | : Law |
ISBN | : 0192896911 |
Download Understanding Administrative Law in the Common Law World Book in PDF, ePub and Kindle
A new framework for understanding contemporary administrative law, through a comparative analysis of case law from Australia, Canada, England, Ireland, and New Zealand. The author argues that the field is structured by four values: individual self-realisation, good administration, electoral legitimacy and decisional autonomy.
Author | : Law Reform Commission of Western Australia |
Publisher | : |
Total Pages | : 178 |
Release | : 1981 |
Genre | : Judicial review of administrative acts |
ISBN | : |
Download Working Paper [on] the Judicial Review of Administrative Decisions Book in PDF, ePub and Kindle
Author | : Mark Anthony Robinson |
Publisher | : |
Total Pages | : 854 |
Release | : 2014 |
Genre | : Administrative law |
ISBN | : 9780455234113 |
Download Judicial Review Book in PDF, ePub and Kindle
Judicial Review The Laws of Australia acquaints practitioners and students with the principles of Judicial Review in Australia. It is an encyclopaedic and practical work whichcovers judicial review of administrative decisions at the state, territory and federal levels.
Author | : Hugh Corder |
Publisher | : Juta and Company Ltd |
Total Pages | : 462 |
Release | : 2008 |
Genre | : Law |
ISBN | : 9780702174193 |
Download Comparing Administrative Justice Across the Commonwealth Book in PDF, ePub and Kindle
Author | : Dean R. Knight |
Publisher | : Cambridge University Press |
Total Pages | : 309 |
Release | : 2018-04-19 |
Genre | : Law |
ISBN | : 110719024X |
Download Vigilance and Restraint in the Common Law of Judicial Review Book in PDF, ePub and Kindle
Explores how courts vary the depth of scrutiny in judicial review and the virtues of different approaches.