The Protection Of Legitimate Expectations In Administrative Law

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Legitimate Expectations in Administrative Law

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

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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.

Legitimate Expectations and Proportionality in Administrative Law

Author : Robert Thomas
Publisher : Bloomsbury Publishing
ISBN 13 : 1847311180
Total Pages : 146 pages
Book Rating : 4.8/5 (473 download)

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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 Bloomsbury Publishing. This book was released on 2000-08-18 with total page 146 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents a comparison of the development of legitimate expectations and proportionality in European and English law against the different traditions of administrative law. While these two principles are well established in European law,only in recent years have the English courts years sought to integrate them into the common law and have experienced various difficulties in doing so. This book seeks to understand the motivation behind this development, explain why the English courts have been troubled by the principles and suggest how such difficulties can be resolved. It will be of interest to all administrative lawyers, both in practice and in academe. It will also be of interest to EU lawyers, particularly those interested in EU public law.

Understanding Administrative Law in the Common Law World

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

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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.

EU Administrative Law

Author : Paul Craig
Publisher : Oxford University Press
ISBN 13 : 0192567454
Total Pages : 994 pages
Book Rating : 4.1/5 (925 download)

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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 994 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.

Fair and Equitable Treatment

Author : United Nations Conference on Trade and Development
Publisher :
ISBN 13 : 9789211128277
Total Pages : 0 pages
Book Rating : 4.1/5 (282 download)

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Book Synopsis Fair and Equitable Treatment by : United Nations Conference on Trade and Development

Download or read book Fair and Equitable Treatment written by United Nations Conference on Trade and Development and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "In recent years, the concept of fair and equitable treatment has assumed prominence in investment relations between States. While the earliest proposals that made reference to this standard of treatment for investment are contained in various multilateral efforts in the period immediately following World War II, the bulk of the State practice incorporating the standard is to be found in bilateral investment treaties which have become a central feature in international investment relations. In essence, the fair and equitable standard provides a yardstick by which relations between foreign direct investors and Governments of capital-importing countries may be assessed. It also acts as a signal from capital-importing countries, for it indicates, at the very least, a State's willingness to accommodate foreign capital on terms that take into account the interests of the investor in fairness and equity."--Provided by publisher.

Legitimate Expectations Under Article 1 of Protocol No. 1 to the European Convention on Human Rights

Author : Maya Sigron
Publisher :
ISBN 13 : 9781780682228
Total Pages : 0 pages
Book Rating : 4.6/5 (822 download)

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Book Synopsis Legitimate Expectations Under Article 1 of Protocol No. 1 to the European Convention on Human Rights by : Maya Sigron

Download or read book Legitimate Expectations Under Article 1 of Protocol No. 1 to the European Convention on Human Rights written by Maya Sigron and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a thorough evaluation of the complex relationship between legitimate expectations and the protection of property guaranteed by Article 1 of Protocol No. 1 to the European Convention on Human Rights. To set the context, the book first gives a brief but comprehensive analysis of property rights from Ancient Greek times until now. Subsequently, it compares the protection of legitimate expectations with its underlying principles in other legal orders. The book addresses three main research questions: What are the conditions for the creation and protection of legitimate expectations in the context of Article 1 of Protocol No. 1? What roles do confidence, detriment, and fair balance play in that context? What purposes do legitimate expectations fulfill in the context of Article 1 of Protocol No. 1? To answer these questions, the book offers an extensive analysis of the European Court of Human Rights' case-law related to legitimate expectations under Article 1 of Protocol No. 1. The book collects and lists the main misunderstandings with respect to legitimate expectations in cases brought before the European Court of Human Rights. The conclusion assesses the major results and paves the way for future debate about the doctrine of legitimate expectations under Article 1 of Protocol No. 1.

Handbook of International Investment Law and Policy

Author : Julien Chaisse
Publisher : Springer
ISBN 13 : 9789811336140
Total Pages : 0 pages
Book Rating : 4.3/5 (361 download)

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Book Synopsis Handbook of International Investment Law and Policy by : Julien Chaisse

Download or read book Handbook of International Investment Law and Policy written by Julien Chaisse and published by Springer. This book was released on 2021-08-17 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Handbook of International Investment Law and Policy is a one-stop reference source. This Handbook covers the main conceptual questions in a logical, scholarly yet easy to comprehend manner. It is based on a truly global vision insisting particularly on Global South related issues and developments. In this respect, the Handbook of International Investment Law and Policy provides an excellent modern treatment of international investment law which is one of the fastest growing areas of international economic law. Professor Julien Chaisse, Professor Leïla Choukroune, and Professor Sufian Jusoh are the editors-in-chief of the Handbook of International Investment Law and Policy, a 1,500-page reference book, which is anticipated becoming one of the most influenced reference books in the international economic law areas. This Handbook is a highly comprehensive set of four volumes of original materials designed to cover all facets of international investment law and policy. The chapters, written by world-leading experts, explore key ideas and debates in relation to: international investment substantive law (Volume I), Investor-state dispute settlement (Volume II); interaction between international investment law and other fields of international law (Volume III); and, the new trends and challenges for international investment law (Volume IV). The Handbook will feature more than 80 contributions from leading experts (academics, lawyers, government officials), including Vivienne Bath, M. Sornarajah, Mélida Hodgson, Rahul Donde, Roberto Echandi, Andrew Mitchell, Ernst-Ulrich Petersmann, Christina L. Beharry, Krista Nadakavukaren Schefer, Leon Trakman, Prabhash Ranjan, Emmanuel Jacomy, Mariel Dimsey, Stavros Brekoulakis, Romesh Weeramantry, Nathalie Bernasconi-Osterwalder, David Collins, Damilola S. Olawuyi, Katia Fach Gomez, Jaemin Lee, Alejandro Carballo-Leyda, Patrick W. Pearsall, Mark Feldman, Surya Deva, Luke Nottage, Rafael Leal-Arcas, James Nedumpara, Rodrigo Polanco, etc. This Handbook will be an essential reference tool for students and scholars of international economic law. Policy makers and researchers alike will find the Handbook of International Investment Law and Policy useful for years to come.

Model Rules of Professional Conduct

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)

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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.

General Principles of Law and International Investment Arbitration

Author : Andrea Gattini
Publisher : BRILL
ISBN 13 : 9004368388
Total Pages : 475 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis General Principles of Law and International Investment Arbitration by : Andrea Gattini

Download or read book General Principles of Law and International Investment Arbitration written by Andrea Gattini and published by BRILL. This book was released on 2018-05-29 with total page 475 pages. Available in PDF, EPUB and Kindle. Book excerpt: General Principles of Law in Investment Arbitration surveys the function of general principles in the field of international investment law, particularly in investment arbitration. The authors’ analysis provides a representative case study of how this informal source operates alongside and in the absence of other sources of applicable law. The contributions are divided into two parts, devoted respectively to substantive principles and procedural ones. The principles discussed in the book are selected for their currency in the practice, their contested nature and their relevance.

The Anatomy of Administrative Law

Author : Joanna Bell
Publisher : Bloomsbury Publishing
ISBN 13 : 1509925333
Total Pages : 313 pages
Book Rating : 4.5/5 (99 download)

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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 Bloomsbury Publishing. This book was released on 2020-05-28 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: Based on author's thesis (doctoral - University of Oxford, 2017) issued under title: Against monism and in favour of an anatomical approach to administrative law.

Introduction to Law

Author : Jaap Hage
Publisher : Springer
ISBN 13 : 3319572520
Total Pages : 396 pages
Book Rating : 4.3/5 (195 download)

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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 396 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.

European Administrative Law

Author : Jürgen Schwarze
Publisher : Sweet & Maxwell Limited
ISBN 13 : 9780421965607
Total Pages : 1562 pages
Book Rating : 4.9/5 (656 download)

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Book Synopsis European Administrative Law by : Jürgen Schwarze

Download or read book European Administrative Law written by Jürgen Schwarze and published by Sweet & Maxwell Limited. This book was released on 2006-01-01 with total page 1562 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines the development of an administrative law system in EU law, as distinct from the separate systems in member states' laws; shows how the general principles of administrative law are applied by the European courts; explains the impact of the European system on the national systems of administrative law; and more.

International Investment Law and Arbitration

Author : C. L. Lim
Publisher : Cambridge University Press
ISBN 13 : 1108842992
Total Pages : 687 pages
Book Rating : 4.1/5 (88 download)

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Book Synopsis International Investment Law and Arbitration by : C. L. Lim

Download or read book International Investment Law and Arbitration written by C. L. Lim and published by Cambridge University Press. This book was released on 2021-03-11 with total page 687 pages. Available in PDF, EPUB and Kindle. Book excerpt: A new edition connecting extracts from arbitral decisions, treaties and scholarly works with concise, up-to-date and reliable commentary.

Protection of Legitimate Expectations in Investment Treaty Arbitration

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

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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

Vigilance and Restraint in the Common Law of Judicial Review

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

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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.

Judicial Review and Bureaucratic Impact

Author : M. L. M. Hertogh
Publisher : Cambridge University Press
ISBN 13 : 9780521547864
Total Pages : 334 pages
Book Rating : 4.5/5 (478 download)

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Book Synopsis Judicial Review and Bureaucratic Impact by : M. L. M. Hertogh

Download or read book Judicial Review and Bureaucratic Impact written by M. L. M. Hertogh and published by Cambridge University Press. This book was released on 2004-08-19 with total page 334 pages. Available in PDF, EPUB and Kindle. Book excerpt: A collection of essays which focus on the relationship between judicial review and bureaucratic behaviour.

English Public Law

Author : David Feldman
Publisher : Oxford University Press, USA
ISBN 13 : 0199227934
Total Pages : 1439 pages
Book Rating : 4.1/5 (992 download)

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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.