Legal Culture, Legality and the Determination of the Grounds of Judicial Review of Administrative Action in England and Australia, Malsukhum Voraphol
Автор: Bossacoma Busquets Pau Название: Morality and Legality of Secession: A Theory of National Self-Determination ISBN: 3030265919 ISBN-13(EAN): 9783030265915 Издательство: Springer Цена: 111790.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: This book explores secession from three normative disciplines: political philosophy, international law and constitutional law. The book`s second part then argues that international law is more inclined to accept and advance a remedial right approach to secession.
Автор: The Hon Sir Michael Fordham Название: Judicial Review Handbook ISBN: 1509922830 ISBN-13(EAN): 9781509922833 Издательство: Bloomsbury Academic Рейтинг: Цена: 264000.00 T Наличие на складе: Нет в наличии. Описание: "...an institution for those who practise public law...it has the authority that comes from being compiled by an author of singular distinction". (Lord Woolf, from the Foreword to the Fifth Edition)The new edition of this Handbook remains an indispensable source of reference and a guide to the case-law in judicial review. Established as an essential part of the library of any practitioner engaged in public law cases, if offers unrivalled coverage of administrative law, including, but not confined to, the work of the Administrative Court and its procedures. Once again completely revised and up-dated, the seventh edition approximates to a restatement of the law of judicial review, organised around 63 legal principles, each supported by a comprehensive presentation of the sources and an unequalled selection of reported case quotations. It also includes essential procedural rules, forms and guidance issued by the Administrative Court. As in the previous edition, both the Civil Procedure Rules and Human Rights Act 1998 feature prominently as major influences on the shaping of the case-law. Attention is also given to impact of the Supreme Court. Here Michael Fordham casts an experienced eye over the Court's work in the area of judicial review, and assesses the signs from a Court that will be one of the key influences in the development of judicial review in the modern era. The author, a leading member of the English public law bar, and now has been involved in many of the leading judicial review cases in recent years and is the founding editor of the Judicial Review journal.
Автор: Landfried Christine Название: Judicial Power ISBN: 1108425666 ISBN-13(EAN): 9781108425667 Издательство: Cambridge Academ Рейтинг: Цена: 121440.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: Featuring works by scholars and practitioners, this book offers an exciting analysis of the power of national and transnational constitutional courts. In times of rising populism, the authors examine the conditions under which constitutional courts can be a resource for democratic governance. Of interest to students, researchers, and practitioners.
Автор: Head, Michael (western Sydney University, Australia) Boehringer, Kristian Название: Legal power to launch war ISBN: 1138292087 ISBN-13(EAN): 9781138292086 Издательство: Taylor&Francis Рейтинг: Цена: 148010.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание:
The issue of who has the power to declare war or authorise military action in a democracy has become a major legal and political issue, internationally, and is set to become even more pertinent in the immediate future, particularly in the wake of military action in Syria, ongoing wars in the Middle East, and tense discussions between the United States and its allies, and Russia and China.
This book comparatively examines the executive and prerogative powers to declare war or launch military action, focusing primarily on the United States, Britain and Australia. It explores key legal and constitutional questions, including:
who currently has the power/authority to declare war?
who currently has the power to launch military action without formally declaring war?
how, if at all, can those powers be controlled, legally or politically?
what are the domestic legal consequences of going to war?
In addition to probing the extensive domestic legal consequences of going to war, the book also reviews various proposals that have been advanced for interrogating the power to commence armed conflict, and explores the reasons why these propositions have failed to win support within the political establishment.
Автор: Malsukhum Название: Legal Culture, Legality and the Determination of the Grounds of Judicial Review of Administrative Action in England and Australia ISBN: 9811612692 ISBN-13(EAN): 9789811612695 Издательство: Springer Рейтинг: Цена: 130430.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: 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.
Автор: Michael Ramsden, Swati Jhaveri Название: Judicial Review of Administrative Action Across the Common Law World: Origins and Adaptation ISBN: 1009306065 ISBN-13(EAN): 9781009306065 Издательство: Cambridge Academ Рейтинг: Цена: 30630.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: This book explores the origins of judicial review of administrative action in a wide selection of common law jurisdictions. It provides complex insights and considers the way in which these jurisdictions have received and adapted English common law to the needs of their own socio-political context.
Автор: Jhaveri Swati, Ramsden Michael Название: Judicial Review of Administrative Action Across the Common Law World: Origins and Adaptation ISBN: 1108481574 ISBN-13(EAN): 9781108481571 Издательство: Cambridge Academ Рейтинг: Цена: 116160.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: This book explores the origins of judicial review of administrative action in a wide selection of common law jurisdictions. It provides complex insights and considers the way in which these jurisdictions have received and adapted English common law to the needs of their own socio-political context.
Автор: Sarat Название: Sovereignty, Emergency, Legality ISBN: 1107629241 ISBN-13(EAN): 9781107629240 Издательство: Cambridge Academ Рейтинг: Цена: 44350.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: This book examines law`s complex relationship to sovereign power and emergency conditions. It puts today`s responses to emergency in historical and institutional context, reminding readers of the continuities and discontinuities in the ways emergencies are framed and understood at different times and in different situations.
Автор: Crouch Melissa Название: The Politics of Court Reform: Judicial Change and Legal Culture in Indonesia ISBN: 1108737080 ISBN-13(EAN): 9781108737081 Издательство: Cambridge University Press Рейтинг: Цена: 61220.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: Indonesia`s courts are an important part of its democratic system of governance and have undergone major reform since 1998. This volume offers an analysis of the politics of court reform through a review of judicial change and legal culture in Indonesia.
Автор: Janina Boughey Название: Human Rights and Judicial Review in Australia and Canada: The Newest Despotism? ISBN: 1509907866 ISBN-13(EAN): 9781509907861 Издательство: Bloomsbury Academic Рейтинг: Цена: 126720.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: It is commonly asserted that bills of rights have had a 'righting' effect on the principles of judicial review of administrative action and been a key driver of the modern expansion in judicial oversight of the executive arm of government. A number of commentators have pointed to Australian administrative law as evidence for this 'righting' hypothesis. They have suggested that the fact that Australia is an outlier amongst common law jurisdictions, in having neither a statutory nor a constitutional framework to expressly protect human rights, explaining why Australia alone continues to take an apparently 'formalist, ' 'legalist' and 'conservative' approach to administrative law. Other commentators and judges, including a number in Canada, have argued the opposite: that bills of rights have the effect of stifling the development of the common law. However, for the most part, all of these claims remain just that as there has been limited detailed analysis of the issue, and no detailed comparative analysis of the claims' veracity. This book analyzes in detail administrative and human rights law in Australia and Canada, arguing that both jurisdictions have reached remarkably similar positions regarding the balance between judicial and executive power, and between broader fundamental principles, including the rule of law and the separation of powers. It will provide valuable reading for all those researching judicial review and human rights. Revised Dissertation. (Series: Hart Studies in Comparative Public Law, Vol. 16) Subject: Public Law, Human Rights Law, Comparative Law, Administrative Law
Автор: Daithi Mac Sithigh, Lindsay Stirton, Richard Kirkham, TT Arvind Название: Executive Decision-Making and the Courts: Revisiting the Origins of Modern Judicial Review ISBN: 1509930337 ISBN-13(EAN): 9781509930333 Издательство: Bloomsbury Academic Рейтинг: Цена: 100320.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: In this book, leading experts from across the common law world assess the impact of four seminal House of Lords judgments decided in the 1960s: Ridge v Baldwin, Padfeld v Minister of Agriculture,Conway v Rimmer, and Anisminic v Foreign Compensation Commission. The ‘Quartet’ is generally acknowledged to have marked a turning point in the development of court-centred administrative law, and can be understood as a 'formative moment' in the emergence of modern judicial review.
These cases are examined not only in terms of the points each case decided, and their contribution to administrative law doctrine, but also in terms of the underlying conception of the tasks of administrative law implicit in the Quartet. By doing so, the book sheds new light on both the complex processes through which the modern system of judicial review emerged and the constitutional choices that are implicit in its jurisprudence. It further reflects upon the implications of these historical processes for how the achievements, failings and limitations of the common law in reviewing actions of the executive can be evaluated.
Автор: Dan Meagher, Janina Boughey, Matthew Groves Название: The Legal Protection of Rights in Australia ISBN: 1509952152 ISBN-13(EAN): 9781509952151 Издательство: Bloomsbury Academic Рейтинг: Цена: 47510.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: How do you protect rights without a Bill of Rights? Australia does not have a national bill or charter of rights and looks further away than ever from adopting one. But it does have a range of individual elements sourced from common law, statute and the Constitution which, though unsystematic, do provide Australians with some meaningful rights protection. This book outlines and explains the unique human rights journey of Australia. It moves beyond the criticisms long made of the Australian position – that its ‘formalism’, ‘legalism’ and ‘exceptionalism’ compromise its capacity for rights protection – to consider how the many elements of its novel legal structure operate. This book analyses the interlocking legal framework for the protection of rights in Australia. A key theme of the book is that the many different elements of a fragmented scheme can add up to something significant, albeit with significant gaps and flaws like any other legal rights protection framework. It shows how the jumbled influences of a common law heritage, a written constitution, differing paths taken by jurisdictions within a single federal state, statutory and common law innovations and a strong dose of comparative legal influences have led to the unique patchwork of rights protection in Australia. It will provide valuable reading for all those researching in human rights, constitutional and comparative law.
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