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Common Values And The Public Private Divide
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Book Synopsis Common Values and the Public-Private Divide by : Dawn Oliver
Download or read book Common Values and the Public-Private Divide written by Dawn Oliver and published by Cambridge University Press. This book was released on 1999-08 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt: This text is a study of the public/private law divide in the common law tradition. Its starting point is that substantive duties of legality, fairness and rationality are imposed by the common law on bodies discharging public functions, but not always on bodies discharging 'private' functions.
Book Synopsis The Public-private Law Divide by : Matthias Ruffert
Download or read book The Public-private Law Divide written by Matthias Ruffert and published by BIICL. This book was released on 2009 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This publication is a collection of papers of the second meeting of the Dornburg Research Group on New Administrative Law which was held in London in May 2007"--Acknowledgments.
Book Synopsis After Public Law by : Cormac Mac Amhlaigh
Download or read book After Public Law written by Cormac Mac Amhlaigh and published by OUP Oxford. This book was released on 2013-05-09 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: Public law has been conceived in many different ways, sometimes overlapping, often conflicting. However in recent years a common theme running through the discussions of public law is one of loss. What function and future can public law have in this rapidly transforming landscape, where globalized states and supranational institutions have ever-increasing importance? The contributions to this volume take stock of the idea, concepts, and values of public law as it has developed alongside the growth of the modern state, and assess its continued usefulness as a distinct area of legal inquiry and normativity in light of various historical trends and contemporary pressures affecting the global configuration of law in general. Divided into three parts, the first provides a conceptual, philosophical, and historical understanding of the nature of public law, the nature of private law and the relationship between the public, the private, and the concept of law. The second part focuses on the domains, values, and functions of public law in contemporary (state) legal practice, as seen, in part, through its relationship with private domains, values, and functions. The final part engages with the new legal scholarship on global transformation, analysing the changes in public law at the national level, including the new forms of interpenetration of public and private in the market state, as well as exploring the ubiquitous use of public law values and concepts beyond the state.
Book Synopsis Towards a Public Law of Tort by : Tom Cornford
Download or read book Towards a Public Law of Tort written by Tom Cornford and published by Routledge. This book was released on 2016-02-24 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presenting a new approach to the problem of public authority liability, this volume provides a theoretical foundation in the form of principles of administrative liability that are both normatively sound and consonant with other recognized legal principles. These principles are used as criteria by which to judge the current law and as a guide to reform. Such reform could be brought about by judicial development of the law, and this volume explains how. It considers both the procedural and the substantive divides between public and private law and explains the proposed solution's relation to the forms of public authority liability already present under European Community law and the Human Rights Act. Focusing in particular on UK law, the book is also relevant to other Commonwealth countries and will be of interest to scholars and practitioners of both tort and public law.
Book Synopsis Public–Private Partnerships and the Law by : Yseult Marique
Download or read book Public–Private Partnerships and the Law written by Yseult Marique and published by Edward Elgar Publishing. This book was released on 2014-08-30 with total page 329 pages. Available in PDF, EPUB and Kindle. Book excerpt: This timely book examines the legal regulation of Public_Private Partnerships (PPPs) and provides a systematic overview of PPPs and their functions. It covers both the contractual relationships between public and private actors and the relationships be
Book Synopsis The Horizontal Effect of Fundamental Rights in the European Union by : Eleni Frantziou
Download or read book The Horizontal Effect of Fundamental Rights in the European Union written by Eleni Frantziou and published by Oxford University Press. This book was released on 2019-01-31 with total page 351 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses the horizontal effect of fundamental rights in the European Union, from a constitutional perspective. It advances two main arguments: First, it argues that the horizontal effect of fundamental rights (i.e. their application to disputes between private parties) cannot be usefully discussed based on the existing EU horizontality doctrine, which associates horizontality with the exercise of horizontal direct effect only. That doctrine is characterised by a series of overly technical rules as to how the latter may be produced and has a case-specific nature that lacks overall constitutional coherence. Secondly, the book argues that a substantive theory of horizontality is required in EU law and sketches its main parameters. In the fundamental rights context, horizontal effect has organisational implications for society, which go beyond specific intersubjective disputes. It is argued that its determination requires an explicit recognition of the public character of certain private platforms of will formation (e.g. the workplace) and a discussion of the role of fundamental rights therein. At the same time, a constitutionally adequate model of horizontality involves an acknowledgment of the supranational character of EU adjudication: the determination of horizontal applicability of a fundamental right within a type of private authority relationship falls upon the Court of Justice, but the precise manifestation of horizontal effect (e.g. direct, indirect or state-mediated effect) rests with national courts.
Book Synopsis The Public-Private Nature of Charity Law by : Kathryn Chan
Download or read book The Public-Private Nature of Charity Law written by Kathryn Chan and published by Bloomsbury Publishing. This book was released on 2016-11-17 with total page 222 pages. Available in PDF, EPUB and Kindle. Book excerpt: Is charity law a 'private law' or a 'public law' subject? This book maps charity law's relationship to the public law-private law divide, arguing that charity law is best understood as a hybrid (public-private) legal tradition that is constantly seeking to maintain an equilibrium between the protection of the autonomy of property-owning individuals to direct and control their wealth, and the furtherance of competing public visions of the good. Of interest to scholars and charity lawyers alike, The Public-Private Nature of Charity Law applies its unique lens both to traditional topics such as the public benefit rule and charity law's rules of standing, and to more contemporary issues such as the co-optation of charitable resources by threatened welfare states and the emergence of social enterprise. 'This book should be read by all who are interested in the respective domains of public and private law. Kathryn Chan brings new light to the divide and reveals the way in which both public and private law inform charity law. The book is subtle, original and rigorous, with an excellent grasp of primary and secondary material.' - Paul Craig, Professor of English Law at the University of Oxford and a Fellow of St John's College 'An original and thought-provoking book which takes the somewhat unruly law of charities and, with great insight and clarity, helps it to find its place on the legal map.' - Mary Synge, Associate Professor in Law at the University of Exeter 'Kathryn Chan's impressive monograph breaks new ground in its analytical approach towards charity in the modern world. Her careful study helps us to understand how charitable enterprises partake of the values and concerns of both public and private law, and to evaluate the strength and weaknesses of different approaches to the governance of charitable enterprises.' - Lionel Smith, Sir William C Macdonald Professor of Law, McGill University
Book Synopsis Law and Administration by : Carol Harlow
Download or read book Law and Administration written by Carol Harlow and published by Cambridge University Press. This book was released on 2009-08-20 with total page 881 pages. Available in PDF, EPUB and Kindle. Book excerpt: A contextualised study setting out the foundations of administrative law, with discussion of case law and legislation to show practical application.
Book Synopsis Law and Administration in Europe by : Paul P. Craig
Download or read book Law and Administration in Europe written by Paul P. Craig and published by . This book was released on 2003 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law and Administration in Europe consists of a series of essays addressing central themes in domestic public law and in the public law of the European Union. These contributions deal with a whole range of issues, including the theoretical underpinnings of public law, the public-private divide, the nature and legitimacy of governmental action, and the relationship between different levels of government.
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 Beatson, Matthews and Elliott's Administrative Law Text and Materials by : Mark Elliott
Download or read book Beatson, Matthews and Elliott's Administrative Law Text and Materials written by Mark Elliott and published by Oxford University Press, USA. This book was released on 2011-01-27 with total page 810 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'Beatson, Matthews & Elliot's Administrative Law' combines extracts from key cases, articles and other sources with detailed commentary. Aimed at undergraduates studying administrative law, it provides comprehensive coverage of the subject.
Book Synopsis UK Public Law and European Law by : Gordon Anthony
Download or read book UK Public Law and European Law written by Gordon Anthony and published by Bloomsbury Publishing. This book was released on 2002-05-11 with total page 226 pages. Available in PDF, EPUB and Kindle. Book excerpt: Academic attention has,in recent years, increasingly focused upon the Europeanization of national legal orders. The interaction of domestic and supranational standards, while often presented as problematic, enables national courts to use European law as a reference point against which to develop domestic principle and practice. The effects of such borrowing can be far-reaching. Courts may assume an enhanced institutional role relative to other branches of the State and individuals may benefit from the introduction of new remedies and principles of judicial review. This book examines the dynamics of the process whereby UK courts borrow principle and practice from European law. It argues that recent internal developments in UK law, notably the passage of the Human Rights Act, present new possibilities for legal integration. Although UK courts have already demonstrated a willingness to use European law creatively, the book suggests that integration has been unduly constrained by the previously unincorporated status of the ECHR and by the courts' justification for the reception of EU law. Focusing in particular on the principles of administrative law applied by courts in judicial review proceedings, the book highlights how the emergence of new principles of review has been frustrated by the courts' inability to view EU law and the ECHR as part of an interlocking whole. The book's central argument, therefore, is that the Human Rights Act, coupled with the more general programme of constitutional reform introduced by New Labour, now offers the courts the opportunity to reassess the nature of the interactive relationship that domestic law has with European law. UK Public Law and European Law: The Dynamics of Legal Integration will be of interest to public lawyers, European lawyers and political scientists alike. It offers a comprehensive overview of existing jurisprudence dealing with the reception of European law into the domestic order. More significantly, it places that jurisprudence within the wider context of legal and political change ongoing within and without the United Kingdom.
Book Synopsis Liability and Environment by : Lucas Bergkamp
Download or read book Liability and Environment written by Lucas Bergkamp and published by BRILL. This book was released on 2021-12-06 with total page 734 pages. Available in PDF, EPUB and Kindle. Book excerpt: Liability and Environment analyzes the role of law, in particular civil liability, in controlling environmental pollution and risk. In modern environmental policy, liability has become a popular instrument. In this book, Prof. Bergkamp takes a fresh look at civil liability for environmental harm in an inter- and transnational context. Over the last decade, industry's liability exposure for environmental harm has expanded significantly. At the international, EC, and national level proposals for onerous strict environmental liability regimes are pending. The `polluter pays principle', which is an articulation of the `cost internalization' theory in the environmental area, is believed to justify such liability regimes. Applying an instrumental approach to legal instruments, Prof. Bergkamp aims to redefine the role of liability in the heavily regulated environmental area. He shows that liability for environmental harm is not justified by the polluter pays principle, is an uncertain and unreliable instrument for achieving prevention, results in an inefficient insurance scheme, and plays a dubious role in adjusting activity levels. Based on an analysis of the basic characteristics of alternative legal instruments, Prof. Bergkamp concludes that civil liability should play a more modest, limited role in an environmental law system dominated by public law. Where deterrence is not the objective, first party insurance, compensation funds, or other public law regimes should be preferred over liability rules. In addition to civil liability of private parties, Liability and Environment discusses State liability under international, EC, and national law. Under international law, breach of a primary obligation triggers a State's liability. Prof. Bergkamp argues that this rule should be applied also to liability of private parties. In the environmental area, a business' primary obligations are spelled out in detailed permit conditions, regulations, and statutes. According to Prof. Bergkamp, only if a primary obligation is breached, a private person should be liable for environmental harm. The system that Bergkamp advocates is an objective fault liability regime, in which public environmental law defines the standard of care for both government and industry. "In rebuilding our civil liability system, we should keep in mind that what is good for industry should be good for everyone (or it is not good for anyone), we should keep in mind that what is good for private parties should be good for the state (or it is not good for either). In rebuilding our civil liability system, the international law of State responsibility, which is unpolluted by risk spreading and activity level considerations, will guide us a long way." This book is aimed at advanced law students, academic scholars, and practitioners. In addition, it will be of interest to policy and legislative analysts, legislators, and government officials. Professor Bergkamp's book cannot be described as "solving" the problems of legal and regulatory control of environmental harm, whether within a nation or internationally. As suggested before, however, the very idea of a "solution" is illusory. All legal and regulatory regimes around the world are today and will remain for the future in a state of perpetually continuing development. The virtue of this fine book is that it moves the process of that development forward by a very substantial measure. from the Foreword by George L. Priest.
Book Synopsis Values in Criminology and Community Justice by : Cowburn, Malcolm
Download or read book Values in Criminology and Community Justice written by Cowburn, Malcolm and published by Policy Press. This book was released on 2015-03-18 with total page 410 pages. Available in PDF, EPUB and Kindle. Book excerpt: The stated values of criminologists, policy makers, and researchers don't always correspond with their responses to crime. This collection parses the many different “sides” these professionals take on issues relating to victims and offenders, punishment and protection, and rights and responsibilities. Drawing on empirical research, crime theory, and criminal justice practice, the contributors explore such topics as the dynamics of race, gender, and age; the workings of the criminal justice system; the ethics of research; and current debates about new criminological issues such as the green movement and Islamophobia.
Book Synopsis Researching Public Law in Common Law Systems by : Paul Daly
Download or read book Researching Public Law in Common Law Systems written by Paul Daly and published by Edward Elgar Publishing. This book was released on 2023-09-06 with total page 307 pages. Available in PDF, EPUB and Kindle. Book excerpt: This original book fills a significant gap in legal literature by providing an exploration of research methodologies in public law; a field of research in which research methods are becoming increasingly prominent and sophisticated. Featuring thoughtful chapters written by leading scholars in the field, this book provides a thorough explanation of the key features, characteristics, and challenges of distinct methodological approaches to public law research.
Download or read book Administrative Law written by Steven Cann and published by Routledge. This book was released on 2018-06-14 with total page 615 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title was first published in 2002. Designed to complement the first volume on administrative law which was published as part of the original series of "The International Library of Essays in Law and Legal Theory", the articles contained in this volume pick up on themes dealt with in the first, while others reflect different concerns and new developments in administrative law scholarship. It offers a representative sample of the best contemporary writing in administrative law - theoretical, empirical and doctrinal. What ties all the essays in this volume together is not that they fall within the province of administrative law, but that they are all concerned with the legal framework within which government business is conducted, and government policies are pursued, by executive action.
Download or read book Voices at Work written by Alan Bogg and published by Oxford University Press. This book was released on 2014-03 with total page 529 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book investigates the intersection between law and worker voice in a sample of industrialised English speaking countries, namely Australia, Canada, New Zealand, UK, and USA. While these countries face broadly similar regulatory dilemmas, they have significant differences between their industrial systems and legal cultures
