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Resource Allocation Welfare Rights Mapping The Boundaries Of Judicial Control In Public Administrative Law
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Book Synopsis Resource Allocation, Welfare Rights - Mapping the Boundaries of Judicial Control in Public Administrative Law by : Elizabeth Palmer
Download or read book Resource Allocation, Welfare Rights - Mapping the Boundaries of Judicial Control in Public Administrative Law written by Elizabeth Palmer and published by . This book was released on 2010 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: In a recent line of cases, senior judges in the UK have been called upon to adjudicate in complaints over the failure of health and local authorities to meet the welfare needs of citizens. Local authorities claimed that the disputes had been precipitated by a lack of resources allocated by central government to meet local demand. This article examines the role of the courts in resolving a fundamental tension between central government policy of financial cost-cutting on the one hand and welfarist principles embodied in legislation for the delivery of public services on the other. Questions are raised about the relevance and appropriateness of rights-based adjudication in welfare needs contexts and about the reluctance of courts to intervene in the resolution of resource allocation disputes even where fundamental rights, particularly in areas such as health, community care, and education where notions of rights are inextricably bound up with use of financial resources. These key cases have arisen prior to the implementation of the Human Rights Act 1998. Where relevant, the likely impact of the Act on welfare needs disputes is considered.
Book Synopsis The Oxford Handbook of Public Management by : Ewan Ferlie
Download or read book The Oxford Handbook of Public Management written by Ewan Ferlie and published by Oxford University Press, USA. This book was released on 2007 with total page 805 pages. Available in PDF, EPUB and Kindle. Book excerpt: The public sector continues to play a strategic role across the world and in the last thirty years there have been major shifts in approaches to its management. This text identifies the trends in public management and the effects these have had, as well as providing a broad overview to each topic.
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, USA. This book was released on 2013 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.
Book Synopsis Landmark Cases in Medical Law by : Jonathan Herring
Download or read book Landmark Cases in Medical Law written by Jonathan Herring and published by Bloomsbury Publishing. This book was released on 2015-08-27 with total page 380 pages. Available in PDF, EPUB and Kindle. Book excerpt: This new addition to Hart Publishing's Landmark Cases series brings together leading figures in the field to discuss a selection of the most significant cases in medical law. These are cases which either signpost a new development for medical law, illustrate an important development of the law, or signpost likely future developments of the law. The cases are explored in their social and historical context to understand better what has influenced the development of the law. This collection provides a fascinating insight in the interaction of medical law and broader social changes to our bodies, illness and medical professionals.
Book Synopsis English Public Law by : David Feldman
Download or read book English Public Law written by David Feldman and published by Oxford University Press, USA. This book was released on 2009 with total page 1439 pages. Available in PDF, EPUB and Kindle. Book excerpt: First published in 2004, English Public Law has become the key point of reference on English public law for lawyers in the UK and throughout the world. Now in its second edition, the book acts as an accessible first point of reference for practitioners approaching a public law issue for the first time, while simultaneously providing a lucid, concise and authoritative overview of all the key areas of public law (constitutional, administrative, human rights, and criminal law) within one single portable volume. The second edition has been completely updated to take account of all key legislative and procedural changes since 2004, including: BLThe Constitutional Reform Act 2005 BLrecent higher courts decisions concerning public law and human rights BLthe Criminal Procedure Rules 2005 Written and edited by a team of acknowledged experts on English law, the book offers proven reliability and as part of the Oxford Principles of English Law Series, is the companion volume to the second edition of English Private Law edited by Professor Andrew Burrows FBA. The book is an ideal quick reference for practitioners to fall back on when a client raises a point outside their normal area of expertise as well as for academics, overseas libraries, and practitioners overseas who want a one stop resource on English public law. A supplement published between editions, will ensure that the book is kept up to date.
Book Synopsis Cases and Materials on Constitutional and Administrative Law by : Brian Thompson
Download or read book Cases and Materials on Constitutional and Administrative Law written by Brian Thompson and published by Oxford University Press, USA. This book was released on 2014 with total page 737 pages. Available in PDF, EPUB and Kindle. Book excerpt: Filling a need for a case and materials book on constitutional and administrative law, this textbook reflects the latest thinking particularly in relation to the European Communities.
Book Synopsis Can rights cure? The impact of human rights litigation on South Africa's health system by : Marius Pieterse
Download or read book Can rights cure? The impact of human rights litigation on South Africa's health system written by Marius Pieterse and published by PULP. This book was released on 2014-08-01 with total page 198 pages. Available in PDF, EPUB and Kindle. Book excerpt: Can rights cure? At a time when South Africa’s ailing and dysfunctional health system is on the verge of radical transformation through the mooted introduction of a National Health Insurance scheme, and when there are increasing political tensions between government and the courts, this book reflects upon the South African experience of judicially enforcing health-related constitutional rights. It attempts to understand the ways in which rights-based litigation has impacted on the operation and transformation of different features of the health system, including the formulation and implementation of health laws and policies, processes of health resource allocation and rationing, the regulation of health care delivery in the private sector, and the promotion and protection of public health.
Book Synopsis Constitutional Deference, Courts and Socio-economic Rights in South Africa by : Kirsty McLean
Download or read book Constitutional Deference, Courts and Socio-economic Rights in South Africa written by Kirsty McLean and published by PULP. This book was released on 2009 with total page 255 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutional Deference, Courts and Socio-Economic Rights in South Africaby Kirsty McLean2009ISBN: 978-0-9814124-8-1Pages: viii 246Print version: AvailableElectronic version: Free PDF available.
Book Synopsis Human Rights and the United Kingdom Supreme Court by : Brice Dickson
Download or read book Human Rights and the United Kingdom Supreme Court written by Brice Dickson and published by Oxford University Press, USA. This book was released on 2013-03-28 with total page 472 pages. Available in PDF, EPUB and Kindle. Book excerpt: How does the UK Supreme Court approach human rights law? This book provides the first comprehensive overview of human rights in the highest UK court, criticizing the failure of UK judges to develop the common law in sympathy with human rights.
Book Synopsis Constitutional Review under the UK Human Rights Act by : Aileen Kavanagh
Download or read book Constitutional Review under the UK Human Rights Act written by Aileen Kavanagh and published by Cambridge University Press. This book was released on 2009-05-07 with total page 470 pages. Available in PDF, EPUB and Kindle. Book excerpt: Under the Human Rights Act, British courts are for the first time empowered to review primary legislation for compliance with a codified set of fundamental rights. In this book, Aileen Kavanagh argues that the HRA gives judges strong powers of constitutional review, similar to those exercised by the courts under an entrenched Bill of Rights. The aim of the book is to subject the leading case-law under the HRA to critical scrutiny, whilst remaining sensitive to the deeper constitutional, political and theoretical questions which underpin it. Such questions include the idea of judicial deference, the constitutional status of the HRA, the principle of parliamentary sovereignty and the constitutional division of labour between Parliament and the courts. The book closes with a sustained defence of the legitimacy of constitutional review in a democracy, thus providing a powerful rejoinder to those who are sceptical about judicial power under the HRA.
Book Synopsis Social Rights Jurisprudence by : Malcolm Langford
Download or read book Social Rights Jurisprudence written by Malcolm Langford and published by Cambridge University Press. This book was released on 2009-01-19 with total page 705 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the space of two decades, social rights have emerged from the shadows and margins of human rights jurisprudence. The authors in this book provide a critical analysis of almost two thousand judgments and decisions from twenty-nine national and international jurisdictions. The breadth of the decisions is vast, from the resettlement of evictees to the regulation of private medical plans to the development of state programs to address poverty and illiteracy. The jurisprudence not only implicates our understanding of economic, social, and cultural rights, but also challenges the philosophical debates that question whether these rights can and should be justiciable.
Book Synopsis Children’s Socio-Economic Rights, Democracy And The Courts by : Aoife Nolan
Download or read book Children’s Socio-Economic Rights, Democracy And The Courts written by Aoife Nolan and published by Bloomsbury Publishing. This book was released on 2011-09-15 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is concerned with children's economic and social rights (sometimes referred to simply as children's social rights). Despite increased academic interest in both children's rights and socio-economic rights over the last two decades, children's social and economic rights remain a comparatively neglected area. This is particularly true with regard to the role of the courts in the enforcement of such social rights. Aoife Nolan's book remedies this omission, focussing on the circumstances in which the courts can and should give effect to the social and economic rights of children. The arguments put forward are located within the context of, and develop, long-standing debates in constitutional law, democratic theory and human rights. The claims made by the author are supported and illustrated by concrete examples of judicial enforcement of children's social and economic rights from a variety of jurisdictions. The work is thus rooted in both theory and practice. The author brings together and addresses a wide range of issues that have never previously been considered together in book form. These include children's socio-economic rights; children as citizens and their position in relation to democratic decision-making processes; the implications of children and their rights for democratic and constitutional theory; the role of the courts in ensuring the enforcement of children's rights; and the debates surrounding the litigation and adjudication of social and economic rights. This book thus represents a major original contribution to the existing scholarship in a range of areas including human (and specifically social) rights, legal and political theory and constitutional law. 'Children's rights were often thought to be synonymous with economic and social welfare prior to the adoption of the Convention on the Rights of the Child in 1989. Ironically, since that time, remarkably little scholarship has been devoted to the vitally important economic and social rights dimensions of children's rights. Nolan's book singlehandedly remedies that neglect and does so in a sophisticated, nuanced and balanced way. It provides a superb account of the pros and cons of judicial activism in promoting these rights.' Philip Alston, John Norton Pomeroy Professor, NYU Law School 'Thus far the burgeoning literature on the judicial enforcement of socio-economic rights has failed to engage in a sustained, systemic manner with this topic from the perspective of children and the complexity of their status as citizens within contemporary democracies. This book fills this gap and makes a major contribution to the literature in the three interrelated areas of the judicial review of socio-economic rights claims, children's rights, and democratic theory. Nolan navigates skilfully through the dense, but rich literature in these areas as well as relevant international and comparative law. In so doing she illuminates both the pitfalls and potential of resorting to courts in a partial response to the multifaceted and deeply entrenched global phenomenon of child poverty.' Professor Sandra Liebenberg, HF Oppenheimer Professor of Human Rights Law, University of Stellenbosch Law Faculty. Winner of the Kevin Boyle Book Prize 2012, awarded by the Irish Association of Law Teachers to a book that is deemed to have made an outstanding contribution to the understanding of law.
Book Synopsis The Dynamics of Powers in the European Union by : Christina Eckes
Download or read book The Dynamics of Powers in the European Union written by Christina Eckes and published by Bloomsbury Publishing. This book was released on 2024-09-19 with total page 651 pages. Available in PDF, EPUB and Kindle. Book excerpt: Separation of powers is the time-tested touchstone of the legitimate exercise of power in modern democracies. This collection examines decision-making in the EU's multilayered and polycentric constitutional structure through this lens. The focus on separation of powers reveals how strong executive powers collaborate in the EU as a single source of public power, which is not sufficiently counterbalanced by parliaments or the judiciary. The collection explores 3 policy fields marked by crisis: the economic and monetary union (EMU), migration, and trade. Drawing on expertise from across these sectors, with a strong conceptual thread linking all the contributions, this important work illustrates how different branches of government co-determine each others' powers.
Book Synopsis Judicial Review, Socio-Economic Rights and the Human Rights Act by : Ellie Palmer
Download or read book Judicial Review, Socio-Economic Rights and the Human Rights Act written by Ellie Palmer and published by Bloomsbury Publishing. This book was released on 2007-08-31 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the United Kingdom during the past decade, individuals and groups have increasingly tested the extent to which principles of English administrative law can be used to gain entitlements to health and welfare services and priority for the needs of vulnerable and disadvantaged groups. One of the primary purposes of this book is to demonstrate the extent to which established boundaries of judicial intervention in socio-economic disputes have been altered by the extension of judicial powers in sections 3 and 6 of the Human Rights Act 1998, and through the development of a jurisprudence of positive obligations in the European Convention on Human Rights 1950. Thus, the substantive focus of the book is on developments in the constitutional law of the United Kingdom. However, the book also addresses key issues of theoretical human rights, international and comparative constitutional law. Issues of justiciability in English administrative law have therefore been explored against a background of two factors: a growing acceptance of the need for balance in the protection in modern constitutional arrangements afforded to civil and political rights on the one hand and socio-economic rights on the other hand; and controversy as to whether courts could make a more effective contribution to the protection of socio-economic rights with the assistance of appropriately tailored constitutional provisions.
Book Synopsis Cases & Materials on Constitutional & Administrative Law by : Brian Thompson
Download or read book Cases & Materials on Constitutional & Administrative Law written by Brian Thompson and published by Oxford University Press. This book was released on 2017 with total page 745 pages. Available in PDF, EPUB and Kindle. Book excerpt: Cases & Materials on Constitutional & Administrative Law provides students with a comprehensive selection of legal resources to accompany their studies. Extracts from leading cases, academic works, and political documents are drawn together with incisive author commentary and thought-provoking questions to highlight the historical debates and ongoing development of the subject. The authors take a critical look at the doctrines of constitutional law and the principles of administrative law, showing how the constitution operates in relation to Parliament, the Executive, and the citizen. Online Resource Centre This book is supported by an Online Resource Centre providing a wide range of extra resources to further support students in their studies, including: - Updates in constitutional and administrative law - An extensive range of web links - An interactive timeline of significant public law events throughout history - 'Oxford News Now'- a live feed on topical public law issues, sourced from news websites such as the BBC and Guardian
Book Synopsis Education, Law and Diversity by : Neville Harris
Download or read book Education, Law and Diversity written by Neville Harris and published by Bloomsbury Publishing. This book was released on 2007-01-30 with total page 535 pages. Available in PDF, EPUB and Kindle. Book excerpt: Education is fundamentally concerned with realising the potential of every child, but an increasing social diversity presents enormous challenges for the state in terms of its commitment to providing an appropriate education for all. Factors such as ethnicity, disability and material deprivation are associated with inequality, social exclusion and the risk of low educational attainment. Diversity also reflects divergent cultural values and norms. In responding to the challenges posed by diversity, public education authorities are to some extent constrained by individual or group rights. This book examines the nature of these rights, including those under the European Convention on Human Rights, and the ways and contexts in which they operate. Their social effects are also considered. Areas discussed include the curriculum, special educational needs and choice of school. A key theme in the book is the promotion and enforcement of equal access to education, including higher education. Issues of multiculturalism, the social integration of minorities, religion in education and the recognition of children's independent rights are among those that are also discussed. The book centres on England and Wales and covers the evolving legislative framework, including the Education and Inspections Bill 2006, but relevant legal developments in other states are also highlighted.
Book Synopsis Ageing, Gender and Family Law by : Beverley Clough
Download or read book Ageing, Gender and Family Law written by Beverley Clough and published by Routledge. This book was released on 2018-03-19 with total page 404 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the intersecting issues relating the phenomenon of ageing to gender and family law. The latter has tended to focus mainly on family life in young and middle age; and, indeed, the issues of childhood and parenting are key in many family law texts. Family life for older members has, then, been largely neglected; addressing this neglect, the current volume explores how the issues which might be important for younger people are not necessarily the same as those for older people. The significance of family, the nature of family life, and the understanding of self in terms of one’s relationships, tend to change over the life course. For example, the state may play an increasing role in the lives of older people – as access to services, involvement in work and the community, the ability to live independently, and to form or maintain caring relationships, are all impacted by law and policy. This collection therefore challenges the standard models of family life and family law that have been developed within a child/parent-centred paradigm, and which may require rethinking in the turn to family life in old age. Interdisciplinary in its scope and orientation, this book will appeal not just to academic family lawyers and students interested in issues around family law, ageing, gender, and care; but also to sociologists and ethicists working in these areas.
