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Statutory Decision Makers And The Obligation To Give Reasons For Decisions
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Book Synopsis Statutory Decision-Makers and the Obligation to Give Reasons for Decisions: A Discussion Paper. 2008 by : British Columbia. Ministry of Attorney General. Administrative Justice Office
Download or read book Statutory Decision-Makers and the Obligation to Give Reasons for Decisions: A Discussion Paper. 2008 written by British Columbia. Ministry of Attorney General. Administrative Justice Office and published by . This book was released on 2008* with total page 20 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Statutory decision-makers and the obligation to give reasons for decisions by :
Download or read book Statutory decision-makers and the obligation to give reasons for decisions written by and published by . This book was released on 2008 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The principal advantages of giving written reasons for decisions are generally considered to be: • improving the quality of the decisions being made, • enhancing the fairness and transparency of the decision and the decision- making process, and • facilitating the exercise of any rights to have the decision reviewed.3 Improved Quality The actual process of setting out the reasons for a decision in [...] Also, the knowledge that the reasons will be scrutinized by the people directly affected by the decision (especially the "losing" party), and possibly others such as the public, the courts, professional colleagues or others in a particular 3 In the leading Canadian case on the obligation to give reasons, the Supreme Court of Canada gave a concise summary of how reasons can achieve all three of the [...] In Baker, the SCC set out the following five factors to be considered in determining the extent of the procedural fairness protections to which an individual is entitled: • the nature of the decision; • the nature of the specific legislative provision and of the statutory scheme as a whole under which the decision is made; • the importance of the decision to the individual affected; • the legitima [...] Further, the reasons given for the decision must be those of the decision-maker; if someone else makes the decision, or provides the reasons for it, the decision can be set aside by the court as giving rise to an apprehension of bias, or as offending the non-delegation rule.34 However, the courts have also recognized that while the SDM has the legal responsibility to make the ultimate decision, as [...] As the Ontario Court of Appeal stated, consultation with staff should be encouraged where it promotes the ultimate aim of the drafting process: to create a set of reasons that accurately and fully reflects the thought processes of the SDM.36 The test for whether such assistance is acceptable is whether it compromises either the fairness or the integrity of the decision-making process.37.
Book Synopsis Statutory Decision-makers and the Obligation to Give Reasons for Decisions by :
Download or read book Statutory Decision-makers and the Obligation to Give Reasons for Decisions written by and published by . This book was released on 2008 with total page 23 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Giving Reasons for Decisions: A Guide to Best Practices for Statutory Decision-Makers. 2009 by : British Columbia. Ministry of Attorney General
Download or read book Giving Reasons for Decisions: A Guide to Best Practices for Statutory Decision-Makers. 2009 written by British Columbia. Ministry of Attorney General and published by . This book was released on 2009* with total page 17 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Judge Over Your Shoulder by : Great Britain. Cabinet Office. Management and Personnel Office
Download or read book The Judge Over Your Shoulder written by Great Britain. Cabinet Office. Management and Personnel Office and published by . This book was released on 1987 with total page 17 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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.
Download or read book Civil Trials Bench Book written by and published by . This book was released on 2007 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides guidance for judicial officer in the conduct of civil proceedings, from preliminary matters to the conduct of final proceedings and the assessment of damages and costs. It contains concise statements of relevant legal principles, references to legislation, sample orders for judicial official to use where suitable and checklists applicable to various kinds of issues that arise in the course of managing and conducting civil litigation.
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.
Book Synopsis Judicial Review of Administrative Action by : Mark I. Aronson
Download or read book Judicial Review of Administrative Action written by Mark I. Aronson and published by . This book was released on 2013 with total page 995 pages. Available in PDF, EPUB and Kindle. Book excerpt: Repeatedly cited in the High Court of Australia, this landmark work remains an authoritative reference for judicial officers, practioners and students alike.
Book Synopsis Public Law Adjudication in Common Law Systems by : John Bell
Download or read book Public Law Adjudication in Common Law Systems written by John Bell and published by Bloomsbury Publishing. This book was released on 2016-04-07 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume arises from the inaugural Public Law Conference hosted in September 2014 by the Centre for Public Law at the University of Cambridge, which brought together leading public lawyers from a number of common law jurisdictions. While those from such jurisdictions share background understandings, significant differences within the common law world create opportunities for valuable exchanges of ideas and debate. This collection draws upon one of the principal sub-themes that emerged during the conference – namely, the the way in which relationships and distinctions between the notions of 'process' and 'substance' play out in relation to and inform adjudication in public law cases. The essays contained in this volume address those issues from a variety of perspectives. While the bulk of the chapters consider topical issues in judicial review, either on common law or human rights grounds, or both, other chapters adopt more theoretical, historical, empirical or contextual approaches. Concluding chapters reflect generally on the papers in the collection and the value of facilitating cross-jurisdictional dialogue.
Author :American Bar Association. House of Delegates Publisher :American Bar Association ISBN 13 :9781590318737 Total Pages :216 pages Book Rating :4.3/5 (187 download)
Book Synopsis Model Rules of Professional Conduct by : American Bar Association. House of Delegates
Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Book Synopsis Apex Courts and the Common Law by : Paul Daly
Download or read book Apex Courts and the Common Law written by Paul Daly and published by University of Toronto Press. This book was released on 2019-04-26 with total page 423 pages. Available in PDF, EPUB and Kindle. Book excerpt: For centuries, courts across the common law world have developed systems of law by building bodies of judicial decisions. In deciding individual cases, common law courts settle litigation and move the law in new directions. By virtue of their place at the top of the judicial hierarchy, courts at the apex of common law systems are unique in that their decisions and, in particular, the language used in those decisions, resonate through the legal system. Although both the common law and apex courts have been studied extensively, scholars have paid less attention to the relationship between the two. By analyzing apex courts and the common law from multiple angles, this book offers an entry point for scholars in disciplines related to law - such as political science, history, and sociology - who are seeking a deeper understanding and new insights as to how the common law applies to and is relevant within their own disciplines.
Book Synopsis Administrative Tribunals by : Lisa Braverman
Download or read book Administrative Tribunals written by Lisa Braverman and published by Aurora, Ont. : Canada Law Book. This book was released on 2001-01-01 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Blackstone's Civil Practice 2013: The Commentary by : Prof Stuart Sime
Download or read book Blackstone's Civil Practice 2013: The Commentary written by Prof Stuart Sime and published by OUP Oxford. This book was released on 2012-09-20 with total page 1876 pages. Available in PDF, EPUB and Kindle. Book excerpt: Adopting a distinctive narrative approach based on the chronology of a claim, Blackstone's Civil Practice 2013: The Commentary provides authoritative guidance on the process of civil litigation from commencement of a claim to enforcement of judgments. It addresses civil procedure in the county courts, the High Court, the Court of Appeal, and the Supreme Court as well as more specialist matters such as insolvency proceedings, sale of goods, and human rights, providing expert analysis on a comprehensive level. The narrative commentary is supported by the comprehensive Blackstone's Civil Practice 2013 Procedural Checklists. 38 Procedural Checklists summarize the steps to be taken, and include invaluable information on documentation, time limits, and required actions, as well as applicable Civil Procedure Rules (CPR) and Practice Directions (PD) in a concise format to provide an additional research tool. Straightforward navigation is ensured by a detailed and user-friendly index as well as a quick-reference guide inside the front cover, providing an alternative point of access for those more familiar with the CPR. Written by a team of expert practitioners and academics, it is an ideal tool for those requiring quality and in-depth analysis. The text is fully referenced to the CPR and PD making the book easy to use alongside other sources at your desk as well as in court. Turn to Blackstone's for reliable commentary from a team of experts on unfamiliar points of procedure and all your research needs. You may be interested to know that The Commentary is directly taken from the established full service volume, Blackstone's Civil Practice 2013 which includes the text of the CPR and PD, Pre-Action Protocols, selected legislation, and court fees orders. Electronic versions of the Procedural Checklists in Blackstone's Civil Practice 2013 are available from IRIS Laserform.
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.
Book Synopsis Judging Statutes by : Robert A. Katzmann
Download or read book Judging Statutes written by Robert A. Katzmann and published by Oxford University Press. This book was released on 2014-08-14 with total page 184 pages. Available in PDF, EPUB and Kindle. Book excerpt: In an ideal world, the laws of Congress--known as federal statutes--would always be clearly worded and easily understood by the judges tasked with interpreting them. But many laws feature ambiguous or even contradictory wording. How, then, should judges divine their meaning? Should they stick only to the text? To what degree, if any, should they consult aids beyond the statutes themselves? Are the purposes of lawmakers in writing law relevant? Some judges, such as Supreme Court Justice Antonin Scalia, believe courts should look to the language of the statute and virtually nothing else. Chief Judge Robert A. Katzmann of the U.S. Court of Appeals for the Second Circuit respectfully disagrees. In Judging Statutes, Katzmann, who is a trained political scientist as well as a judge, argues that our constitutional system charges Congress with enacting laws; therefore, how Congress makes its purposes known through both the laws themselves and reliable accompanying materials should be respected. He looks at how the American government works, including how laws come to be and how various agencies construe legislation. He then explains the judicial process of interpreting and applying these laws through the demonstration of two interpretative approaches, purposivism (focusing on the purpose of a law) and textualism (focusing solely on the text of the written law). Katzmann draws from his experience to show how this process plays out in the real world, and concludes with some suggestions to promote understanding between the courts and Congress. When courts interpret the laws of Congress, they should be mindful of how Congress actually functions, how lawmakers signal the meaning of statutes, and what those legislators expect of courts construing their laws. The legislative record behind a law is in truth part of its foundation, and therefore merits consideration.
Book Synopsis Common Law Constitutional Rights by : Mark Elliott
Download or read book Common Law Constitutional Rights written by Mark Elliott and published by Bloomsbury Publishing. This book was released on 2020-04-16 with total page 351 pages. Available in PDF, EPUB and Kindle. Book excerpt: There is a developing body of legal reasoning in the United Kingdom Supreme Court in which members of the senior judiciary have asserted the primary role of common law constitutional rights and critiqued legal arguments based first and foremost on the Human Rights Act 1998. Their calls for a shift in legal reasoning have created a sense amongst both scholars and the judiciary that something significant is happening. Yet despite renewed academic and judicial interest we have limited insight into what common law constitutional rights we have, how they work and what they offer. This book is the first collection of its kind to systematically explore both the content and role of individual common law constitutional rights alongside the constitutional significance and broader implications of these developments. It therefore contributes not only to our understanding of what the common law might be capable of offering in terms of the protection of rights, but also to our understanding of the nature of the constitutional order of which such rights are an integral part.
