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Administrative Justice In Wales And Comparative Perspectives
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Book Synopsis Administrative Justice in Wales and Comparative Perspectives by : Sarah Nason
Download or read book Administrative Justice in Wales and Comparative Perspectives written by Sarah Nason and published by University of Wales Press. This book was released on 2017-09-15 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a unique understanding of what administrative justice means in Wales and for Wales, whilst also providing an expert and timely analysis of comparative developments in law and administration. It includes critical analysis of distinctly Welsh administrative laws and redress measures, whilst examining contemporary administrative justice issues across a range of common and civil law, European and international jurisdictions. Key issues include the roles of commissioners, administrative courts, tribunals and ombudsmen in devolved and federal nations, and evolving relationships between citizens and the state – especially in the context of localisation and austerity – and will be of interest to legal and public administration professionals at home and internationally.
Book Synopsis Administrative Law and The Administrative Court in Wales by : David Gardner
Download or read book Administrative Law and The Administrative Court in Wales written by David Gardner and published by University of Wales Press. This book was released on 2016-09-20 with total page 370 pages. Available in PDF, EPUB and Kindle. Book excerpt: As we progress into the twenty-first century, Wales is acquiring a new identity and greater legislative autonomy. The National Assembly and the Welsh Government have power to create laws specifically for Wales. In parallel, the judicial system in Wales is acquiring greater autonomy in its ability to hold the Welsh public bodies to account. This book examines the principles involved in challenging the acts and omissions of Welsh authorities through the Administrative Court in Wales. It also examines the legal provisions behind the Administrative Court, the principles of administrative law, and the procedures involved in conducting a judicial review, as well as other Administrative Court cases. Despite extensive literature on public and administrative law, none are written solely from a Welsh perspective: this book examines the ability of the Welsh people to challenge the acts and omissions of Welsh authorities through the Administrative Court in Wales.
Book Synopsis Administrative Justice in Context by : Michael Adler
Download or read book Administrative Justice in Context written by Michael Adler and published by Bloomsbury Publishing. This book was released on 2010-04-30 with total page 542 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book comprises a definitive collection of papers on administrative justice, written by a set of very distinguished contributors. It is divided into five parts, each of which contains articles on a particular aspect of administrative justice. The first part deals with the impact of 'contextual changes' on administrative justice and considers the implications of changes in governance and public administration, management and service delivery, information technology, audit and accounting, and human rights for administrative justice. The second part deals with conceptual issues and describes a number of competing approaches to the administrative justice. The third part deals with the application of administrative justice principles to private law disputes while the fourth part deals with the distinctive characteristics of administrative justice in three other jurisdictions. The final part deals with current developments in administrative justice and the book concludes with a discussion of legislative and policy developments in the UK. The general approach of the book is socio-legal and interdisciplinary. The chapters adopt a variety of disciplinary perspectives, including those derived from political science, public policy, social policy, accounting and information technology as well as from law. Although most of the contributors are academics, some are practitioners. For these reasons, the book should be of interest to lawyers, particularly those with interests in administrative law, and to social scientists, particularly those with interests in public administration, public policy and public management.
Book Synopsis Access to Justice and Legal Aid by : Asher Flynn
Download or read book Access to Justice and Legal Aid written by Asher Flynn and published by Bloomsbury Publishing. This book was released on 2017-01-26 with total page 376 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book considers how access to justice is affected by restrictions to legal aid budgets and increasingly prescriptive service guidelines. As common law jurisdictions, England and Wales and Australia, share similar ideals, policies and practices, but they differ in aspects of their legal and political culture, in the nature of the communities they serve and in their approaches to providing access to justice. These jurisdictions thus provide us with different perspectives on what constitutes justice and how we might seek to overcome the burgeoning crisis in unmet legal need. The book fills an important gap in existing scholarship as the first to bring together new empirical and theoretical knowledge examining different responses to legal aid crises both in the domestic and comparative contexts, across criminal, civil and family law. It achieves this by examining the broader social, political, legal, health and welfare impacts of legal aid cuts and prescriptive service guidelines. Across both jurisdictions, this work suggests that it is the most vulnerable groups who lose out in the way the law now operates in the twenty-first century. This book is essential reading for academics, students, practitioners and policymakers interested in criminal and civil justice, access to justice, the provision of legal assistance and legal aid.
Book Synopsis A Research Agenda for Administrative Law by : Carol Harlow
Download or read book A Research Agenda for Administrative Law written by Carol Harlow and published by Edward Elgar Publishing. This book was released on 2023-02-14 with total page 343 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis The Oxford Handbook of Administrative Justice by : Marc Hertogh
Download or read book The Oxford Handbook of Administrative Justice written by Marc Hertogh and published by Oxford University Press. This book was released on 2022 with total page 745 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The core animating feature of administrative justice scholarship is the desire to understand how justice is achieved through the delivery of public services and the actions, inactions, and decision-making of administrative bodies. The study of administrative justice also encompasses the redress systems by which people can challenge administrative bodies to seek the correction of injustices. For a long time now, scholars have been interested in administrative justice, but without necessarily framing their work as such. Rather than existing under the rubric of administrative justice, much of the research undertaken has existed within sub-categories of disciplines, such as law, sociology, public policy, politics, and public administration. Consequently, although aspects of the topic have attracted rich contributions across such disciplines, administrative justice has rarely been studied or taught in a manner that integrates these areas of research more systematically. This Handbook signals a major change of approach. Drawing together a group of world-leading scholars of administrative justice from a range of disciplines, The Oxford Handbook of Administrative Justice shows how administrative justice is a vibrant, complex, and contested field that is best understood as an area of inquiry in its own right, rather than through traditional disciplinary silos"--
Book Synopsis Executive Decision-Making and the Courts by : TT Arvind
Download or read book Executive Decision-Making and the Courts written by TT Arvind and published by Bloomsbury Publishing. This book was released on 2021-02-25 with total page 479 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis The Anatomy of Administrative Law by : Joanna Bell
Download or read book The Anatomy of Administrative Law written by Joanna Bell and published by Bloomsbury Publishing. This book was released on 2020-05-28 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book seeks to further our understanding of the nature of administrative law doctrine and adjudication. It has three main aims. The first is to improve understanding of administrative law's 'anatomy' by pulling the subject apart and exploring the nature of the legal structures at play in adjudication. In doing so, the book emphasises three main ways in which administrative law's anatomy is both complex and diverse, namely: - administrative law doctrine interacts with a broad array of legislative frameworks; - administrative law adjudication seeks to accommodate a variety of legal values; and, - administrative law is concerned with legal relationships of different kinds. The second aim is to illustrate the importance of recognising the complexity and variety of administrative law's anatomy in three particular doctrinal contexts: procedural review, legitimate expectations and standing. The third and final aim is to raise an important but under-explored question: is it plausible and useful to attempt to make sense of administrative law doctrine by reference to a singular organising concept or principle? The overarching message of the book is one of cynicism. The complexity and variety of administrative law's legal structures probably means that attempts to explain the field 'monistically', while they may capture important themes, will be unhelpfully reductionist. Ambitious and thought-provoking, this is an important new statement on administrative law.
Book Synopsis Comparing Administrative Justice Across the Commonwealth by : Hugh Corder
Download or read book Comparing Administrative Justice Across the Commonwealth written by Hugh Corder and published by . This book was released on 2006* with total page 449 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Welsh Criminal Justice System by : Robert Jones
Download or read book The Welsh Criminal Justice System written by Robert Jones and published by University of Wales Press. This book was released on 2022-10-15 with total page 173 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study represents the first systematic attempt to explore the functioning of the policing and criminal justice system in post-devolution Wales. Its particular relevance is underscored by the revelation that Wales has the highest imprisonment rate in western Europe. Drawing on official data as well as extensive interviews with senior figures, this book represents the first systematic exploration of the operation of the justice system in Wales across the jagged edge of devolved and non-devolved functions. There remains little understanding of how the justice system operates in the anomalous circumstances of post-devolution Wales This book aims to fill this gap in understanding and concludes with an assessment of the proposals of the Commission on Justice in Wales for reform.
Book Synopsis Fighting for Justice by : Elizabeth Gibson-Morgan
Download or read book Fighting for Justice written by Elizabeth Gibson-Morgan and published by University of Wales Press. This book was released on 2021-06-15 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a time when the rule of law is seriously challenged, when governments threaten deliberately to break the law, and the independence of justice is jeopardised by unrelenting pressure from both the executive and the media. This book aims at contributing to restoring trust in judges as custodians of the law and justice, through a comparison between Civil and Common Law countries. It offers a rare opportunity to gather the expertise of eminent judges and legal authorities from five different countries, providing a unique insight into their work and the way they deliver justice based on their respective professional experience and practise of the law. Far from being a highly technical debate between experts, however, the book is accessible to students and the general public, and raises important contemporary legal issues that involve them both as citizens, with justice as a shared aspiration, and a common attachment to the rule of law.
Book Synopsis Delivering Dispute Resolution by : Christopher Hodges
Download or read book Delivering Dispute Resolution written by Christopher Hodges and published by Bloomsbury Publishing. This book was released on 2019-10-17 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book reviews the techniques, mechanisms and architectures of the way disputes are processed in England and Wales. Adopting a comparative approach, it evaluates the current state of the main different types of dispute resolution systems, including business, consumer, personal injury, family, property, employment and claims against the state. It provides a holistic overview of the whole system and suggests both systemic and detailed reforms. Examining dispute resolution pathways from users' perspectives, the book highlights options such as ombudsmen, regulators, tribunals and courts as well as mediation and other ADR and ODR approaches. It maps numerous sectoral developments to see if learning might be spread to other sectors. Several recurrent themes arise, including the diversification in the use of techniques; adoption of digital, online and artificial technology; cost and funding constraints; the emergence of new intermediaries; the need to focus accessibility arrangements for people and businesses that need help with their problems; and identifying effective ways for achieving behavioural change. This timely study analyses the shift from adversarial legalism to softer means of resolving social problems, and points to a major opportunity to devise an imaginative and holistic strategic vision for the jurisdiction.
Book Synopsis Judiciaries in Comparative Perspective by : H. P. Lee
Download or read book Judiciaries in Comparative Perspective written by H. P. Lee and published by Cambridge University Press. This book was released on 2011-08-11 with total page 625 pages. Available in PDF, EPUB and Kindle. Book excerpt: An independent and impartial judiciary is fundamental to the existence and operation of a liberal democracy. Focussing on Australia, Canada, New Zealand, South Africa, the United Kingdom and the United States, this comparative 2011 study explores four major issues affecting the judicial institution. These issues relate to the appointment and discipline of judges; judges and freedom of speech; the performance of non-judicial functions by judges; and judicial bias and recusal, and each is set within the context of the importance of maintaining public confidence in the judiciary. The essays highlight important episodes or controversies affecting members of the judiciary to illustrate relevant principles.
Book Synopsis The Unity of Public Law? by : Mark Elliott
Download or read book The Unity of Public Law? written by Mark Elliott and published by Bloomsbury Publishing. This book was released on 2018-04-19 with total page 471 pages. Available in PDF, EPUB and Kindle. Book excerpt: This major collection contains selected papers from the second Public Law Conference, an international conference hosted by the University of Cambridge in September 2016. The collection includes contributions by leading academics and judges from across the common law world, including senior judges from Australia, Canada, New Zealand and the UK. The contributions engage with the theme of unity (and disunity) from a number of perspectives, offering a rich panoply of insights into public law which significantly carry forward public law thinking across common law jurisdictions, setting the agenda for future research and legal development. Part 1 of the volume contains chapters which offer doctrinal and theoretical perspectives. Some chapters seek to articulate a unifying framework for understanding public law, while others seek to demonstrate the plurality of public law through the method of legal taxonomy. A number of chapters analyse whether different fields such as human rights and administrative law are merging, with others considering specific unifying themes or concepts in public law. The chapters in Part 2 offer comparative perspectives, charting and analysing convergence and divergence across common law systems. Specific topics include standing, proportionality, human rights, remedies, use of foreign precedents, legal transplants, and disunity and unity among subnational jurisdictions. The collection will be of great interest to those working in public law.
Book Synopsis Justice in the Digital State by : Tomlinson, Joe
Download or read book Justice in the Digital State written by Tomlinson, Joe and published by Policy Press. This book was released on 2019-05-29 with total page 144 pages. Available in PDF, EPUB and Kindle. Book excerpt: Exploring how justice is delivered at a time of rapid technological transformation, Justice in the Digital State exposes urgent issues surrounding the modernization of courts and tribunals whilst re-examining the effects on technology on established systems. Case studies investigate the rise of crowdfunded judicial reviews, the increasing use of data in justice system design, the digitalisation of tribunals, and the rise of ‘agile’ methodologies in building administrative justice systems. Joe Tomlinson’s cutting-edge research offers an authoritative and much-needed guide for navigating through the challenges of digital disruption. Available Open Access under CC-BY-NC licence.
Book Synopsis Good Administration and the Council of Europe by : Ulrich Stelkens
Download or read book Good Administration and the Council of Europe written by Ulrich Stelkens and published by Oxford University Press. This book was released on 2020-09-11 with total page 912 pages. Available in PDF, EPUB and Kindle. Book excerpt: Good Administration and the Council of Europe: Law, Principles, and Effectiveness examines the existence and effectiveness of written and unwritten standards of good administration developed within the framework of the Council of Europe (CoE) and in the case law of the European Court of Human Rights. These standards - called 'pan- European general principles of good administration' - cover the entire range of general organizational, procedural, and substantive legal institutions meant to ensure a democratically legitimized, open, and transparent administration respecting the rule of law. They are about the 'limiting function' of administrative law: its function to protect individuals from arbitrary power, to legitimize administrative action, and to combat corruption. This book analyses the sources and functions of the pan-European general principles of good administration and seeks to uncover how deeply they are rooted in the domestic legal systems of the CoE Member States. It comprises 28 country reports dedicated to an in-depth exploration of the impact of these standards on the national legal systems of the Member States written by respective experts on these systems. It argues that the pan-European general principles of good administration lead to a certain harmonization of the legal orders of the Member States with regard to the limiting function of administrative law despite the many fundamental differences between their administrative and legal systems. It comes to the further conclusion that the pan-European general principles of good administration can be considered as a concretization of the founding values of the CoE and describes the 'administrative law obligations' a Member State entered into when joining the CoE.
Book Synopsis Critical Practice with Children and Young People 2nd edition by : Martin Robb
Download or read book Critical Practice with Children and Young People 2nd edition written by Martin Robb and published by Policy Press. This book was released on 2019-05-01 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: This valuable textbook for advanced students and practitioners helps readers cultivate a deeper knowledge and critical understanding of the contexts in which practice with children and young people takes place and to develop as critical reflective practitioners. This new edition is substantially updated to reflect the changes in the field since the publication of the first edition. It contains additional chapters discussing new and emerging topics including: • key theoretical perspectives for critical practice • the politics of child protection • working with grieving children • the impact of devolution on policy and practice with children and young people. Giving equal attention to practice with both children and young people, this book will be essential both for students and for practitioners in fields such as social work, education, health care and related fields.
