Legal Foundations Of Tribunals In Nineteenth Century England

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Legal Foundations of Tribunals in Nineteenth Century England

Author : Chantal Stebbings
Publisher : Cambridge University Press
ISBN 13 : 1107321093
Total Pages : 378 pages
Book Rating : 4.1/5 (73 download)

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Book Synopsis Legal Foundations of Tribunals in Nineteenth Century England by : Chantal Stebbings

Download or read book Legal Foundations of Tribunals in Nineteenth Century England written by Chantal Stebbings and published by Cambridge University Press. This book was released on 2007-01-18 with total page 378 pages. Available in PDF, EPUB and Kindle. Book excerpt: Nineteenth-century governments faced considerable challenges from the rapid, novel and profound changes in social and economic conditions resulting from the industrial revolution. In the context of an increasingly sophisticated and complex government, from the 1830s the specialist and largely lay statutory tribunal was conceived and adopted as the principal method of both implementing the new regulatory legislation and resolving disputes. The tribunal's legal nature and procedures, and its place in the machinery of justice, were debated and refined throughout the Victorian period. In examining this process, this 2007 book explains the interaction between legal constraints, social and economic demand and political expediency that gave rise to this form of dispute resolution. It reveals the imagination and creativity of the legislators who drew on diverse legal institutions and values to create the new tribunals, and shows how the modern difficulties of legal classification were largely the result of the institution's nineteenth-century development.

Judicial Review of Administrative Action

Author : Swati Jhaveri
Publisher : Cambridge University Press
ISBN 13 : 1108481574
Total Pages : 447 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Judicial Review of Administrative Action by : Swati Jhaveri

Download or read book Judicial Review of Administrative Action written by Swati Jhaveri and published by Cambridge University Press. This book was released on 2021-03-18 with total page 447 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explores the English origins of the principles of judicial review in common law jurisdictions and autochthonous pressures for their adaptation.

UK, EU and Global Administrative Law

Author : Paul Craig
Publisher : Cambridge University Press
ISBN 13 : 1316445402
Total Pages : 845 pages
Book Rating : 4.3/5 (164 download)

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Book Synopsis UK, EU and Global Administrative Law by : Paul Craig

Download or read book UK, EU and Global Administrative Law written by Paul Craig and published by Cambridge University Press. This book was released on 2015-10-29 with total page 845 pages. Available in PDF, EPUB and Kindle. Book excerpt: Paul Craig's analysis of UK, EU and global administrative law examines the challenges facing each system and reveals the commonalities in and differences between their foundational assumptions. The challenges which they face may be particular to that legal order, endemic to any legal system of administrative law or the result of interaction between the three systems. The inter-relationship between the three levels is important. The legal and practical reality is that developments at one level can have an impact on the other two. Legal doctrine fashioned at the national level may therefore inform developments in EU and global administrative law. The doctrine thus created may then function symbiotically, shaping developments within a domestic legal order. The inter-relationship is equally marked from the regulatory perspective, since many such provisions originate at the global or EU level.

Environmental Courts and Tribunals

Author : Ceri Warnock
Publisher : Bloomsbury Publishing
ISBN 13 : 1509940073
Total Pages : 360 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Environmental Courts and Tribunals by : Ceri Warnock

Download or read book Environmental Courts and Tribunals written by Ceri Warnock and published by Bloomsbury Publishing. This book was released on 2021-01-07 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: The global phenomenon of the establishment of specialist courts is one of the most important recent developments in environmental law. Although they are generally seen as a much needed innovation, they do pose challenges, particularly around questions of legitimacy. This important book tackles these questions directly, looking specifically at the courts in the common law world. It argues that to fully understand the nature of the adjudication of these courts, a bottom-up approach must be taken: ie the question before the court is determinative. Despite its theoretical focus, the book will also provide invaluable insights to practitioners engaging with these new courts for the first time. An innovative study on a seismic change in how environmental law is adjudicated.

A.V. Dicey and the Common Law Constitutional Tradition

Author : Mark D. Walters
Publisher : Cambridge University Press
ISBN 13 : 1107028477
Total Pages : 479 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis A.V. Dicey and the Common Law Constitutional Tradition by : Mark D. Walters

Download or read book A.V. Dicey and the Common Law Constitutional Tradition written by Mark D. Walters and published by Cambridge University Press. This book was released on 2020-11-12 with total page 479 pages. Available in PDF, EPUB and Kindle. Book excerpt: Offers a distinctive account of the rule of law and legislative sovereignty within the work of Albert Venn Dicey.

The Foundations and Future of Public Law

Author : Elizabeth Fisher
Publisher : Oxford University Press
ISBN 13 : 0192583905
Total Pages : 448 pages
Book Rating : 4.1/5 (925 download)

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Book Synopsis The Foundations and Future of Public Law by : Elizabeth Fisher

Download or read book The Foundations and Future of Public Law written by Elizabeth Fisher and published by Oxford University Press. This book was released on 2020-01-30 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: Public law in the UK and EU has undergone seismic changes over the last forty years: development and membership of the EU, the Human Rights Act, devolution, the fostering of public law expertise within the judiciary, the globalization of public law, and the increased interaction between the academy, judiciary, barristers, public interest groups, and legislatures have transformed the public law landscape. Commentators spend much time at the frontiers of the subject, responding rapidly to new developments and providing guidance to scholars, legislators, and judges for future directions. In these circumstances, there is rarely a chance to reflect upon the implications of these changes for the fundamentals of public law and how those fundamentals relate to one another. In this collection, leading figures in UK and EU public law address this lacuna. Inspired by the depth, scope, and ambition of the work of Paul Craig, Professor of English Law at Oxford University, the focus of this collection is upon exploring and reflecting upon six fundamentals of public law and the interrelationship between them: legislation, case law, theory, institutions, process, and constitutions.

Law and Administration

Author : Carol Harlow
Publisher : Cambridge University Press
ISBN 13 : 0521197074
Total Pages : 881 pages
Book Rating : 4.5/5 (211 download)

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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.

Public Law

Author : Mark Elliott
Publisher : Oxford University Press, USA
ISBN 13 : 0199237107
Total Pages : 902 pages
Book Rating : 4.1/5 (992 download)

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Book Synopsis Public Law by : Mark Elliott

Download or read book Public Law written by Mark Elliott and published by Oxford University Press, USA. This book was released on 2011-03-17 with total page 902 pages. Available in PDF, EPUB and Kindle. Book excerpt: Public Law is a high quality introductory textbook that comprehensively covers the key topics found on undergraduate public law courses. Three key themes that permeate all of the content allow students to approach the content in a structured and easy to understand way and questions posed throughout the chapters give students the opportunity to provide answers that show how their knowledge has increased as the chapter progresses. The key themes are: -The significance of executive power in the contemporary constitution and the challenge of ensuring that those who wield it are held to account -The shift in recent times from a more political to a more legal constitution and the implications of this change -The increasingly 'multi-layered' character of the British constitution Online Resource Centre Public Law is accompanied by a free, open-access Online Resource Centre (www.oxfordtextbooks.co.uk/orc/elliott_thomas) which offers the following resources to support students: - Figures from the book reproduced online - A list of useful websites for students - Regularly posted legal and political updates for the book - A testbank of questions for tutors to assess students' progress This book has been highly endorsed by lecturers for level of coverage, accuracy, and the manner in which the three themes provide an excellent backdrop to the book's content. 'I think it will be a very welcome addition to the range of text books available and I suspect that it will become my personal favourite.' - Barbara Mauthe; Lancaster University 'I found the book impressive and likely to be of interest and use to a great many. It is written in a style that is pitched about the right level. It was easy to understand and provides - for me - a good blend of black letter law and socio-political context' - David Mead; University of East Anglia Written by two experienced teachers of the subject, Public Law is an essential new text that focuses on what students need to engage with and understand this challenging subject.

Administrative Tribunals and Adjudication

Author : Peter Cane
Publisher : Bloomsbury Publishing
ISBN 13 : 1847315178
Total Pages : 312 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis Administrative Tribunals and Adjudication by : Peter Cane

Download or read book Administrative Tribunals and Adjudication written by Peter Cane and published by Bloomsbury Publishing. This book was released on 2009-08-03 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: Among the many constitutional developments of the past century or so, one of the most significant has been the creation and proliferation of institutions that perform functions similar to those performed by courts but which are considered to be, and in some ways are, different and distinct from courts as traditionally conceived. In much of the common law world, such institutions are called 'administrative tribunals'. Their main function is to adjudicate disputes between citizens and the state by reviewing decisions of government agencies - a function also performed by courts in 'judicial review' proceedings and appeals. Although tribunals in aggregate adjudicate many more such disputes than courts, tribunals and their role as dispensers of 'administrative justice' receive relatively little scholarly attention. This wide-ranging book-length treatment of the subject compares tribunals in three major jurisdictions: Australia the UK and the US. It analyses and offers an account of the concept of 'administrative adjudication', and traces its historical development from the earliest periods of the common law to the twenty-first century. There are chapters dealing with the design of tribunals and tribunal systems and with what tribunals do, what they are for and how they interact with their users. The book ends with a discussion of the place of tribunals in the 'administrative justice system' and speculation about possible future developments. Administrative Tribunals and Adjudication fills a significant gap in the literature and will be of great value to public lawyers and others interested in government accountability.

Controlling Administrative Power

Author : Peter Cane
Publisher : Cambridge University Press
ISBN 13 : 1316558932
Total Pages : 609 pages
Book Rating : 4.3/5 (165 download)

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Book Synopsis Controlling Administrative Power by : Peter Cane

Download or read book Controlling Administrative Power written by Peter Cane and published by Cambridge University Press. This book was released on 2016-03-29 with total page 609 pages. Available in PDF, EPUB and Kindle. Book excerpt: This wide-ranging comparative account of the legal regimes for controlling administrative power in England, the USA and Australia argues that differences and similarities between control regimes may be partly explained by the constitutional structures of the systems of government in which they are embedded. It applies social-scientific and historical methods to the comparative study of law and legal systems in a novel and innovative way, and combines accounts of long-term and large-scale patterns of power distribution with detailed analysis of features of administrative law and the administrative justice systems of three jurisdictions. It also proposes a new method of analysing systems of government based on two different models of the distribution of public power (diffusion and concentration), a model which proves more illuminating than traditional separation-of-powers analysis.

Legal Culture, Legality and the Determination of the Grounds of Judicial Review of Administrative Action in England and Australia

Author : Voraphol Malsukhum
Publisher : Springer Nature
ISBN 13 : 9811612676
Total Pages : 269 pages
Book Rating : 4.8/5 (116 download)

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Book Synopsis Legal Culture, Legality and the Determination of the Grounds of Judicial Review of Administrative Action in England and Australia by : Voraphol Malsukhum

Download or read book Legal Culture, Legality and the Determination of the Grounds of Judicial Review of Administrative Action in England and Australia written by Voraphol Malsukhum and published by Springer Nature. This book was released on 2021-07-01 with total page 269 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

A Research Agenda for Administrative Law

Author : Carol Harlow
Publisher : Edward Elgar Publishing
ISBN 13 : 1800883765
Total Pages : 343 pages
Book Rating : 4.8/5 (8 download)

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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.

Access to Justice

Author : Ellie Palmer
Publisher : Bloomsbury Publishing
ISBN 13 : 1849469342
Total Pages : 336 pages
Book Rating : 4.8/5 (494 download)

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Book Synopsis Access to Justice by : Ellie Palmer

Download or read book Access to Justice written by Ellie Palmer and published by Bloomsbury Publishing. This book was released on 2016-01-28 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: Building on a series of ESRC funded seminars, this edited collection of expert papers by academics and practitioners is concerned with access to civil and administrative justice in constitutional democracies, where, for the past decade governments have reassessed their priorities for funding legal services: embracing 'new technologies' that reconfigure the delivery and very concept of legal services; cutting legal aid budgets; and introducing putative cost-cutting measures for the administration of courts, tribunals and established systems for the delivery of legal advice and assistance. Without underplaying the future potential of technological innovation, or the need for a fair and rational system for the prioritisation and funding of legal services, the book questions whether the absolutist approach to the dictates of austerity and the promise of new technologies that have driven the Coalition Government's policy, can be squared with obligations to protect the fundamental right of access to justice, in the unwritten constitution of the United Kingdom.

Administrative Justice and Asylum Appeals

Author : Robert Thomas
Publisher : Bloomsbury Publishing
ISBN 13 : 1847317723
Total Pages : 342 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis Administrative Justice and Asylum Appeals by : Robert Thomas

Download or read book Administrative Justice and Asylum Appeals written by Robert Thomas and published by Bloomsbury Publishing. This book was released on 2011-01-18 with total page 342 pages. Available in PDF, EPUB and Kindle. Book excerpt: FIRST PRIZE WINNER OF THE SLS BIRKS PRIZE FOR OUTSTANDING LEGAL SCHOLARSHIP 2011 How are we to assess and evaluate the quality of the tribunal systems that do the day-to-day work of adjudicating upon the disputes individuals have with government? This book examines how the idea of adjudicative quality works in practice by presenting a detailed case-study of the tribunal system responsible for determining appeals lodged by foreign nationals who claim that they will be at risk of persecution or ill-treatment on return to their country of origin. Over recent years, the asylum appeal process has become a major area of judicial decision-making and the most frequently restructured tribunal system. Asylum adjudication is also one of the most difficult areas of decision-making in the modern legal system. Integrating empirical research with legal analysis, this book provides an in-depth study of the development and operation of this tribunal system and of asylum decision-making. The book examines how this particular appeal process seeks to mediate the tension between the competing values under which it operates. There are chapters examining the organisation of the tribunal system, its procedures, the nature of fact-finding in asylum cases and the operation of onward rights of challenge. An examination as to how the tensions inherent in the idea of administrative justice are manifested in the context of a tribunal system responsible for making potentially life or death decisions, this book fills a gap in the literature and will be of value to those interested in administrative law and asylum adjudication.

The Ombudsman in the Modern State

Author : Matthew Groves
Publisher : Bloomsbury Publishing
ISBN 13 : 1509943269
Total Pages : 411 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis The Ombudsman in the Modern State by : Matthew Groves

Download or read book The Ombudsman in the Modern State written by Matthew Groves and published by Bloomsbury Publishing. This book was released on 2022-04-07 with total page 411 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ombudsmen are a global phenomenon. They are also a critical part of the public law frameworks of modern liberal democracies. This is the first edited collection to examine the place of the ombudsman in the modern state. It brings together key international scholars to discuss current and future challenges for the Ombudsman institution and the systems of government within which they operate. The book is international in scope with authors heralding from most continents - Canada, the Netherlands, the United Kingdom, Australia, New Zealand, Hong Kong, South Africa, Germany, and Austria. This global analysis is both in-depth and expansive in its coverage of the operation of Ombudsmen across civil and common law legal systems. The book has two key themes: - The enduring question of the location and operation of Ombudsmen within public law systems in a changing state, and - The challenges faced by Ombudsmen in contemporary governance. This collection adds to the public law scholarship by addressing a common problem faced by all avenues of public law review – the evolving nature of modern public administration.

Judges and Judging in the History of the Common Law and Civil Law

Author : Paul A. Brand
Publisher : Cambridge University Press
ISBN 13 : 1107018978
Total Pages : 367 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis Judges and Judging in the History of the Common Law and Civil Law by : Paul A. Brand

Download or read book Judges and Judging in the History of the Common Law and Civil Law written by Paul A. Brand and published by Cambridge University Press. This book was released on 2012-01-12 with total page 367 pages. Available in PDF, EPUB and Kindle. Book excerpt: Leading historical research analysing the history of judges and judging, allowing comparisons between British, American, Commonwealth and Civil Law jurisdictions.

Administrative Justice in Wales and Comparative Perspectives

Author : Sarah Nason
Publisher : University of Wales Press
ISBN 13 : 1786831406
Total Pages : 433 pages
Book Rating : 4.7/5 (868 download)

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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.