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The Law Of Ultra Vires
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Author :Chittharanjan Felix Amerasinghe Publisher :Cambridge University Press ISBN 13 :0521837146 Total Pages :574 pages Book Rating :4.5/5 (218 download)
Book Synopsis Principles of the Institutional Law of International Organizations by : Chittharanjan Felix Amerasinghe
Download or read book Principles of the Institutional Law of International Organizations written by Chittharanjan Felix Amerasinghe and published by Cambridge University Press. This book was released on 2005-02-17 with total page 574 pages. Available in PDF, EPUB and Kindle. Book excerpt: New chapter on judicial organs of international organizations; updated chapter on dispute settlement.
Book Synopsis Judicial Review and the Constitution by : Christopher Forsyth
Download or read book Judicial Review and the Constitution written by Christopher Forsyth and published by Bloomsbury Publishing. This book was released on 2000-05-01 with total page 480 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of essays presents opposing sides of the debate over the foundations of judicial review. In this work,however, the discussion of whether the 'ultra vires' doctrine is best characterised as a central principle of administrative law or as a harmless, justificatory fiction is located in the highly topical and political context of constitutional change. The thorough jurisprudential analysis of the relative merits of models of 'legislative intention' and 'judicial creativity' provides a sound base for consideration of the constitutional problems arising out of legislative devolution and the Human Rights Act 1998. As the historical orthodoxy is challenged by growing institutional independence, leading figures in the field offer competing perspectives on the future of judicial review. “Confucius was wrong to say that it is a curse to live in interesting times. We are witnessing the development of a constitutional philosophy which recognises fundamental values and gives them effect in the mediation of law to the people”. (Sir John Laws) Contributors Nick Bamforth, Paul Craig, David Dyzenhaus, Mark Elliott, David Feldman, Christopher Forsyth, Brigid Hadfield, Jeffrey Jowell QC, Sir John Laws, Dawn Oliver, Sir Stephen Sedley, Mark Walters. With short responses by: TRS Allan, Stephen Bailey, Robert Carnworth, Martin Loughlin, Michael Taggart, Sir William Wade.
Book Synopsis The Law of Ultra Vires by : B. C. Sarma
Download or read book The Law of Ultra Vires written by B. C. Sarma and published by . This book was released on 2004 with total page 555 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Intellectual Property Law by : D. Vaver
Download or read book Intellectual Property Law written by D. Vaver and published by Essentials of Canadian Law. This book was released on 2011 with total page 835 pages. Available in PDF, EPUB and Kindle. Book excerpt: One of the most important treatises on the subject in Canada for scholars, practitioners, policy analysts and students alike. The book has been cited as a leading authority by all levels of courts, including the Supreme Court of Canada.
Book Synopsis Constitutional Dialogue by : Geoffrey Sigalet
Download or read book Constitutional Dialogue written by Geoffrey Sigalet and published by Cambridge University Press. This book was released on 2019-05-02 with total page 487 pages. Available in PDF, EPUB and Kindle. Book excerpt: Identifies how and why 'dialogue' can describe and evaluate institutional interactions over constitutional questions concerning democracy and rights.
Book Synopsis The Province of Administrative Law by : Michael Taggart
Download or read book The Province of Administrative Law written by Michael Taggart and published by Bloomsbury Publishing. This book was released on 1997-06-01 with total page 410 pages. Available in PDF, EPUB and Kindle. Book excerpt: During the past decade, administrative law has experienced remarkable development. It has consistently been one of the most dynamic and potent areas of legal innovation and of judicial activism. It has expanded its reach into an ever broadening sphere of public and private activities. Largely through the mechanism of judicial review, the judges in several jurisdictions have extended the ambit of the traditional remedies, partly in response to a perceived need to fill an accountability vacuum created by the privatisation of public enterprises, the contracting-out of public services, and the deregulation of industry and commerce. The essays in this volume focus upon these and other shifts in administrative law, and in doing so they draw upon the experiences of several jurisdictions: the UK, the US, Canada, Australia and New Zealand. The result is a wide-ranging and forceful analysis of the scope, development and future direction of administrative law.
Book Synopsis The Law of Equitable Remedies by : Jeffrey Bruce Berryman
Download or read book The Law of Equitable Remedies written by Jeffrey Bruce Berryman and published by Essentials of Canadian Law. This book was released on 2013 with total page 596 pages. Available in PDF, EPUB and Kindle. Book excerpt: This new edition traces the development in the Canadian law of equitable remedies, greatly influenced by decisions of the Supreme Court of Canada which, since the first edition, has ruled on the availability of Anton Piller orders, specific performance, equitable compensation, and rectification. Beyond these substantive equitable remedies the Supreme Court has also opined on a number of occasions about the nature of modern equity in Canada; in effect, breathing life into equity's distinctive methodology. New areas covered in this edition include the maxims of equity; the appropriate default test for interlocutory injunctions including new discussion on when it is appropriate to allow a view of the merits of the substantive dispute to determine the interlocutory proceedings; the general principles of specific performance, including a critique of the current law on enforcement of keep-open clauses; the contemporary impact of the Supreme Court of Canada's rulings on the availability of specific performance, particularly for those who invest in l∧ a discussion of equitable damages and equitable compensation which includes new commentary on when damages are assessed that go beyond compensation and toward disgorgement; and new material on rectification, including a section on rectification and taxation cases.
Book Synopsis Constitutional Law by : Patrick Monahan
Download or read book Constitutional Law written by Patrick Monahan and published by Essentials of Canadian Law. This book was released on 2017-01-31 with total page 672 pages. Available in PDF, EPUB and Kindle. Book excerpt: The fifth edition of Constitutional Law represents a significant update of the fourth edition. Since 2013, the Supreme Court of Canada has continued to develop the jurisprudence in all areas of constitutional law, including freedom of association, equality rights, and Indigenous title. The book includes the complete Canadian Constitution.
Book Synopsis The Golden Metwand and the Crooked Cord by : C. F. Forsyth
Download or read book The Golden Metwand and the Crooked Cord written by C. F. Forsyth and published by Oxford University Press. This book was released on 1998 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a lively collection of essays by an internationally distinguished group of the world's most respected administrative lawyers. It is a timely work as public law in the United Kingdom is at an extremely interesting stage in its long development. A period of unprecedented expansion in the judicial review jurisdiction and the growing legal impact of membership of the European Community provide an incentive to reflect upon and consolidate existing learning, and assess how public law doctrine and scholarship will progress into the new millenium. There has also been a recent burgeoning of theoretical public law scholarship and the development of more critical and socio-legal approaches to the subject of law and administration. This book takes account of all these factors, and also reflects the international dimension of administrative law issues. The essays are written in honour of Sir Wlliam Wade, who was Professor of English at St John's College Oxford, Rouse Ball Professor of English Law at the University of Cambridge and Master of Gonville and Caius College Cambridge. He is one of the leading scholars of his generation and is justly credited for having contributed hugely to the development of administrative law in Britain through his text Administrative Law (OUP) but also through the Hamlyn lectures and through his work as a member of the English bar, his lectures throughout the world and numerous articles, notes and essays.
Book Synopsis The Law of Ultra Vires in British India by : Satya Ranjan Das
Download or read book The Law of Ultra Vires in British India written by Satya Ranjan Das and published by . This book was released on 1924 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Constitutional Foundations of Judicial Review by : Mark Elliott
Download or read book The Constitutional Foundations of Judicial Review written by Mark Elliott and published by Hart Publishing. This book was released on 2001-03 with total page 293 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book comprehensively analyses the foundations of judicial review.
Download or read book Company Law written by Eva Micheler 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: This book advances a real entity theory of company law, in which the company is a legal entity which acts autonomously in law, and company law establishes procedures facilitating autonomous organisational decision-making. The theory builds on the insight that organisations or firms are a social phenomenon outside of the law and that these are autonomous actors in their own right. They are more than the sum of the contributions of their participants and they act independently of the views and interests of their participants. This occurs because human beings change their behaviour when they act as members of a group or an organisation; in a group we tend to develop and conform to a shared standard, and when we act in organisations habits, routines, processes, and procedures form and a culture emerges. These take on a life of their own affecting the behaviour of the participants. Participants can affect organisational behaviour but this takes time and effort. Company law finds this phenomenon and supplies it with a structure supporting autonomous action by organisations. The real entity theory advanced in this book explains company law as it stands at a positive level. Legal personality overcomes the problems that organisations are social rather than brute facts and that there is no unique physical manifestation permanently associated with an organisation. The corporate constitution is not a contract - it is best characterised as an instrument adopted on a statutory basis through private action. Shareholders cannot limit the capacity of companies or the authority of the board to bind the company in contract and companies are liable in tort and crime. The statute creates roles for shareholders, directors, a company secretary, and auditors and so facilitates a process leading to organisational action. The law also integrates the interests of creditors and stakeholders.
Book Synopsis Constitutional Fundamentals by : Sir William Wade
Download or read book Constitutional Fundamentals written by Sir William Wade and published by Taylor & Francis. This book was released on 1980 with total page 83 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 The Sovereignty of Law by : T.R.S. Allan
Download or read book The Sovereignty of Law written by T.R.S. Allan and published by Oxford University Press, USA. This book was released on 2013-07-18 with total page 370 pages. Available in PDF, EPUB and Kindle. Book excerpt: An original account of the British constitution, this book explains how the requirements of constitutional law depend on underlying considerations of legal and political theory and defends an account of the British constitution as a source of individual freedom, grounded in a persuasive interpretation of the common law constitutional tradition.
Book Synopsis Succession in the Muslim Family by : N. J. Coulson
Download or read book Succession in the Muslim Family written by N. J. Coulson and published by Cambridge University Press. This book was released on 2008-12-11 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Muslim law and rules for dealing with the distribution of a dead person's property differ greatly from western law. The system of Muslim law, the SharVa, is derived from the Qur'an and the words of the Prophet himself, and is therefore believed to be of divine inspiration, and not man-made. A variety of schools of law have grown up which interpret the Prophet's sayings, and the practical effect of these different rules of interpretation varies considerably. Recent codifications have not necessarily remained within the classical Muslim legal traditions, and have introduced further differences. With western law it is assumed that a man will make a will, and, broadly speaking, his property will be distributed in accordance with its provisions. It is only in the event of a man dying without making a will that the rules of intestacy are applied. Muslim law makes the opposite assumption.
Book Synopsis Non-Statutory Executive Powers and Judicial Review by : Jason Grant Allen
Download or read book Non-Statutory Executive Powers and Judicial Review written by Jason Grant Allen and published by Cambridge University Press. This book was released on 2022-08-25 with total page 647 pages. Available in PDF, EPUB and Kindle. Book excerpt: That non-statutory executive powers are subject to judicial review is beyond doubt. But current judicial practice challenges prevailing theories of judicial review and raises a host of questions about the nature of official power and action. This is particularly the case for official powers not associated with the Royal Prerogative, which have been argued to comprise a “third source” of governmental authority. Looking at non-statutory powers directly, rather than incidentally, stirs up the intense but ultimately inconclusive debate about the conceptual basis of judicial review in English law. This provocative book argues that modern judges and scholars have neglected the very concepts necessary to understand the supervisory jurisdiction and that the law has become more complex than it needs to be. If we start from the concept of office and official action, rather than grand ideas about parliamentary sovereignty and the courts, the central questions answer themselves.