Legitimate Expectations and Proportionality in Administrative Law

Download Legitimate Expectations and Proportionality in Administrative Law PDF Online Free

Author :
Publisher : Hart Publishing
ISBN 13 : 1841130869
Total Pages : 146 pages
Book Rating : 4.8/5 (411 download)

DOWNLOAD NOW!


Book Synopsis Legitimate Expectations and Proportionality in Administrative Law by : Robert Thomas

Download or read book Legitimate Expectations and Proportionality in Administrative Law written by Robert Thomas and published by Hart Publishing. This book was released on 2000-09 with total page 146 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presents a comparison of the development in European and English law of two legal principles, legitimate expectations and proportionality, against the different traditions of administrative law. Looks at case law of the English courts and the European Court of Justice, and explains why English courts have been troubled by legitimate expectations and proportionality and how such difficulties can be resolved. Suggests that problems associated with these principles are connected to different cultural approaches to the appropriate role of law in the modern state. Of interest to administrative lawyers. The author teaches law at the University of Manchester. Distributed by ISBS. c. Book News Inc.

A Theory of Legitimate Expectations for Public Administration

Download A Theory of Legitimate Expectations for Public Administration PDF Online Free

Author :
Publisher : Oxford University Press
ISBN 13 : 0192545566
Total Pages : 240 pages
Book Rating : 4.1/5 (925 download)

DOWNLOAD NOW!


Book Synopsis A Theory of Legitimate Expectations for Public Administration by : Alexander Brown

Download or read book A Theory of Legitimate Expectations for Public Administration written by Alexander Brown and published by Oxford University Press. This book was released on 2017-12-08 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: It is an unfortunate but unavoidable feature of even well-ordered democratic societies that governmental administrative agencies often create legitimate expectations (procedural or substantive) on the part of non-governmental agents (individual citizens, groups, businesses, organizations, institutions, and instrumentalities) but find themselves unable to fulfil those expectations for reasons of justice, the public interest, severe financial constraints, and sometimes harsh political realities. How governmental administrative agencies, operating on behalf of society, handle the creation and frustration of legitimate expectations implicates a whole host of values that we have reason to care about, including under non-ideal conditions-not least justice, fairness, autonomy, the rule of law, responsible uses of power, credible commitments, reliance interests, security of expectations, stability, democracy, parliamentary supremacy, and legitimate authority. This book develops a new theory of legitimate expectations for public administration drawing on normative arguments from political and legal theory. Brown begins by offering a new account of the legitimacy of legitimate expectations. He argues that it is the very responsibility of governmental administrative agencies for creating expectations that ought to ground legitimacy, as opposed to the justice or the legitimate authority of those agencies and expectations. He also clarifies some of the main ways in which agencies can be responsible for creating expectations. Moreover, he argues that governmental administrative agencies should be held liable for losses they directly cause by creating and then frustrating legitimate expectations on the part of non-governmental agents and, if liable, have an obligation to make adequate compensation payments in respect of those losses.

The Anatomy of Administrative Law

Download The Anatomy of Administrative Law PDF Online Free

Author :
Publisher :
ISBN 13 : 9781509925360
Total Pages : 256 pages
Book Rating : 4.9/5 (253 download)

DOWNLOAD NOW!


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 . This book was released on 2020 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: Introduction -- The Development of Modern Administrative Law -- The Anatomy of Administrative Law -- Procedural Review -- Legitimate Expectations -- Standing -- Monism -- Conclusion.

Legitimate Expectations in the Common Law World

Download Legitimate Expectations in the Common Law World PDF Online Free

Author :
Publisher : Bloomsbury Publishing
ISBN 13 : 1509909508
Total Pages : 536 pages
Book Rating : 4.5/5 (99 download)

DOWNLOAD NOW!


Book Synopsis Legitimate Expectations in the Common Law World by : Matthew Groves

Download or read book Legitimate Expectations in the Common Law World written by Matthew Groves and published by Bloomsbury Publishing. This book was released on 2017-01-12 with total page 536 pages. Available in PDF, EPUB and Kindle. Book excerpt: The recognition and enforcement of legitimate expectations by courts has been a striking feature of English law since R v North and East Devon Health Authority; ex parte Coughlan [2001] 3 QB 213. Although the substantive form of legitimate expectation adopted in Coughlan was quickly accepted by English courts and received a generally favourable response from public law scholars, the doctrine of that case has largely been rejected in other common law jurisdictions. The central principles of Coughlan have been rejected by courts in common law jurisdictions outside the UK for a range of reasons, such as incompatibility with local constitutional doctrine, or because they mark an undesirable drift towards merits review. The sceptical and critical reception to Coughlan outside England is a striking contrast to the reception the case received within the UK. This book provides a detailed scholarly analysis of these issues and considers the doctrine of legitimate expectations both in England and elsewhere in the common law world.

The Relationship Between English and European Community Administrative Law

Download The Relationship Between English and European Community Administrative Law PDF Online Free

Author :
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (594 download)

DOWNLOAD NOW!


Book Synopsis The Relationship Between English and European Community Administrative Law by : Robert Thomas

Download or read book The Relationship Between English and European Community Administrative Law written by Robert Thomas and published by . This book was released on 1998 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Hong Kong Administrative Law

Download Hong Kong Administrative Law PDF Online Free

Author :
Publisher :
ISBN 13 : 9789888016952
Total Pages : 527 pages
Book Rating : 4.0/5 (169 download)

DOWNLOAD NOW!


Book Synopsis Hong Kong Administrative Law by : Swati Jhaveri

Download or read book Hong Kong Administrative Law written by Swati Jhaveri and published by . This book was released on 2010 with total page 527 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Understanding Administrative Law in the Common Law World

Download Understanding Administrative Law in the Common Law World PDF Online Free

Author :
Publisher : Oxford University Press
ISBN 13 : 0192896911
Total Pages : 321 pages
Book Rating : 4.1/5 (928 download)

DOWNLOAD NOW!


Book Synopsis Understanding Administrative Law in the Common Law World by : Paul Daly

Download or read book Understanding Administrative Law in the Common Law World written by Paul Daly and published by Oxford University Press. This book was released on 2021 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Textbook on Administrative Law

Download Textbook on Administrative Law PDF Online Free

Author :
Publisher : Oxford University Press
ISBN 13 : 0199601666
Total Pages : 545 pages
Book Rating : 4.1/5 (996 download)

DOWNLOAD NOW!


Book Synopsis Textbook on Administrative Law by : Peter Leyland

Download or read book Textbook on Administrative Law written by Peter Leyland and published by Oxford University Press. This book was released on 2012-09-20 with total page 545 pages. Available in PDF, EPUB and Kindle. Book excerpt: The seventh edition of Textbook on Administrative Law continues to provide students with an accessible and stimulating guide to the subject. Practical in approach, the authors concentrate on fully analysing core topics, while at the same time setting them within a contextual and thematic framework.

EU Administrative Law

Download EU Administrative Law PDF Online Free

Author :
Publisher : Oxford University Press
ISBN 13 : 0192567454
Total Pages : 944 pages
Book Rating : 4.1/5 (925 download)

DOWNLOAD NOW!


Book Synopsis EU Administrative Law by : Paul Craig

Download or read book EU Administrative Law written by Paul Craig and published by Oxford University Press. This book was released on 2018-10-25 with total page 944 pages. Available in PDF, EPUB and Kindle. Book excerpt: The third edition of EU Administrative Law provides comprehensive coverage of the administrative system in the EU and the principles of judicial review that apply in this area. This revised edition provides important updates on each area covered, including new case law; institutional developments; and EU legislation. These changes are located within the framework of broader developments in the EU. The chapters in the first half of the book deal with all the principal variants of the EU administrative regime. Thus there are chapters dealing with the history and taxonomy of the EU administrative regime; direct administration; shared administration; comitology; agencies; social partners; and the open method of coordination. The coverage throughout focuses on the legal regime that governs the particular form of administration and broader issues of accountability, drawing on literature from political science as well as law. The focus in the second part of the book shifts to judicial review. There are detailed chapters covering all principles of judicial review and the discussion of the law throughout is analytical and contextual. It begins with the principles that have informed the development of EU judicial review. This is followed by a chapter dealing with the judicial system and the way in which reform could impact on the subject matter of the book. There are then chapters dealing with competence; access; transparency; process; law, fact and discretion; rights; equality; legitimate expectations; two chapters on proportionality; the precautionary principle; two chapters on remedies; and the Ombudsman.

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

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

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

DOWNLOAD NOW!


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.

The Oxford Handbook of International Human Rights Law

Download The Oxford Handbook of International Human Rights Law PDF Online Free

Author :
Publisher : OUP Oxford
ISBN 13 : 0191668974
Total Pages : 1088 pages
Book Rating : 4.1/5 (916 download)

DOWNLOAD NOW!


Book Synopsis The Oxford Handbook of International Human Rights Law by : Dinah Shelton

Download or read book The Oxford Handbook of International Human Rights Law written by Dinah Shelton and published by OUP Oxford. This book was released on 2013-10-24 with total page 1088 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford Handbook of International Human Rights Law provides a comprehensive and original overview of one of the fundamental topics within international law. It contains substantial new essays by more than forty leading experts in the field, giving students, scholars, and practitioners a complete overview of the issues that inform research, as well as a 'map' of the debates that animate the field. Each chapter features a critical and up-to-date analysis of the current state of debate and discussion, assessing recent work and advancing the understanding of all aspects of this developing area of international law. The Handbook consists of 39 chapters, divided into seven parts. Parts I and II explore the foundational theories and the historical antecedents of human rights law from a diverse set of disciplines, including the philosophical, religious, biological, and psychological origins of moral development and altruism, and sociological findings about cooperation and conflict. Part III focuses on the law-making process and categories of rights. Parts IV and V examine the normative and institutional evolution of human rights, and discuss this impact on various doctrines of general international law. The final two parts are more speculative, examining whether there is an advantage to considering major social problems from a human rights perspective and, if so, how that might be done: Part VI analyses current problems that are being addressed by governments, both domestically and through international organizations, and issues that have been placed on the human rights agenda of the United Nations, such as state responsibility for human rights violations and economic sanctions to enforce human rights; Part VII then evaluates the impact of international human rights law over the past six decades from a variety of perspectives. The Handbook is an invaluable resource for scholars, students, and practitioners of international human rights law. It provides the reader with new perspectives on international human rights law that are both multidisciplinary and geographically and culturally diverse.

Legitimate Expectations in Administrative Law

Download Legitimate Expectations in Administrative Law PDF Online Free

Author :
Publisher : Oxford University Press on Demand
ISBN 13 : 9780198299479
Total Pages : 270 pages
Book Rating : 4.2/5 (994 download)

DOWNLOAD NOW!


Book Synopsis Legitimate Expectations in Administrative Law by : Søren J. Schønberg

Download or read book Legitimate Expectations in Administrative Law written by Søren J. Schønberg and published by Oxford University Press on Demand. This book was released on 2000 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt: This original and stimulating book is the first systematic study of the principle of `legitimate expectations' in administrative law to appear in the English language. The notion of reasonable or legitimate expectations has played a central role in the development of administrative law over the last thirty years and it remains one of the most contentious and most frequently invoked grounds of judicial review. In this book Dr Schonberg provides a detailed, comparative, and critical analysis of that notion He begins by clarifying why administrative law should protect expectations at all, by linking expectations to fairness, trust in administration, and the Rule of Law with its requirements of legal certainty and formal equality. In the light of this framework he examines in detail the principles and rules which contribute to the protection of expectations. The scope of this analysis is broad, looking both at procedural and substantive principles of administrative law as wellas principles of tort liability and stautory compensation. In all of these areas, English law is carefully compared with French and EC law and is shown how the three legal systems often reach similar outcomes by the application of different legal principles and rules. The current state of English law is examined critically in the light of the comparative study of French and EC law, and a number of original suggestions for legal reform are presented. They include the adoption of: a generalprinciple of irrevocability of intra vires administrative decisions, a distinct principle of substantive legitimate expectations subject to a `significant imbalance' threshold for judicial intervention, and a statutory right to compensation for loss caused by `sufficiently serious' violations of public law.

Vigilance and Restraint in the Common Law of Judicial Review

Download Vigilance and Restraint in the Common Law of Judicial Review PDF Online Free

Author :
Publisher : Cambridge University Press
ISBN 13 : 110719024X
Total Pages : 309 pages
Book Rating : 4.1/5 (71 download)

DOWNLOAD NOW!


Book Synopsis Vigilance and Restraint in the Common Law of Judicial Review by : Dean R. Knight

Download or read book Vigilance and Restraint in the Common Law of Judicial Review written by Dean R. Knight and published by Cambridge University Press. This book was released on 2018-04-19 with total page 309 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explores how courts vary the depth of scrutiny in judicial review and the virtues of different approaches.

Proportionality and Judicial Activism

Download Proportionality and Judicial Activism PDF Online Free

Author :
Publisher : Cambridge University Press
ISBN 13 : 1107177987
Total Pages : 261 pages
Book Rating : 4.1/5 (71 download)

DOWNLOAD NOW!


Book Synopsis Proportionality and Judicial Activism by : Niels Petersen

Download or read book Proportionality and Judicial Activism written by Niels Petersen and published by Cambridge University Press. This book was released on 2017-03-02 with total page 261 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book uses empirical analysis to show that courts refrain from using the proportionality test as a means of judicial activism.

Proportionality and Deference Under the UK Human Rights Act

Download Proportionality and Deference Under the UK Human Rights Act PDF Online Free

Author :
Publisher : Cambridge University Press
ISBN 13 : 1107013003
Total Pages : 311 pages
Book Rating : 4.1/5 (7 download)

DOWNLOAD NOW!


Book Synopsis Proportionality and Deference Under the UK Human Rights Act by : Alan D. P. Brady

Download or read book Proportionality and Deference Under the UK Human Rights Act written by Alan D. P. Brady and published by Cambridge University Press. This book was released on 2012-05-03 with total page 311 pages. Available in PDF, EPUB and Kindle. Book excerpt: A rigorous analysis of the relationship between proportionality and deference under the Human Rights Act.

Introduction to Law

Download Introduction to Law PDF Online Free

Author :
Publisher : Springer
ISBN 13 : 3319572520
Total Pages : 397 pages
Book Rating : 4.3/5 (195 download)

DOWNLOAD NOW!


Book Synopsis Introduction to Law by : Jaap Hage

Download or read book Introduction to Law written by Jaap Hage and published by Springer. This book was released on 2017-08-07 with total page 397 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is exceptional in the sense that it provides an introduction to law in general rather than the law of one specific jurisdiction, and it presents a unique way of looking at legal education. It is crucial for lawyers to be aware of the different ways in which societal problems can be solved and to be able to discuss the advantages and disadvantages of different legal solutions. In this respect, being a lawyer involves being able to reason like a lawyer, even more than having detailed knowledge of particular sets of rules. Introduction to Law reflects this view by focusing on the functions of rules and on ways of arguing the relative qualities of alternative legal solutions. Where ‘positive’ law is discussed, the emphasis is on the legal questions that must be addressed by a field of law and on the different solutions which have been adopted by, for instance, the common law and civil law tradition. The law of specific jurisdictions is discussed to illustrate possible answers to questions such as when the existence of a valid contract is assumed.

Protection of Legitimate Expectations in Investment Treaty Arbitration

Download Protection of Legitimate Expectations in Investment Treaty Arbitration PDF Online Free

Author :
Publisher : Cambridge University Press
ISBN 13 : 1108474284
Total Pages : 309 pages
Book Rating : 4.1/5 (84 download)

DOWNLOAD NOW!


Book Synopsis Protection of Legitimate Expectations in Investment Treaty Arbitration by : Teerawat Wongkaew

Download or read book Protection of Legitimate Expectations in Investment Treaty Arbitration written by Teerawat Wongkaew and published by Cambridge University Press. This book was released on 2019-02-14 with total page 309 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines the philosophical foundation of legitimate expectations to create a normative framework for use in investment treaty arbitration