Legitimate Expectations in the Common Law World

Author: Matthew Groves

Publisher: Bloomsbury Publishing

ISBN:

Category: Law

Page: 368

View: 936

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.

Legitimate Expectations in the Common Law World

Author: Matthew Groves

Publisher: Bloomsbury Publishing

ISBN:

Category: Law

Page: 240

View: 604

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.

Cases and Materials on International Law

Author: Martin Dixon

Publisher:

ISBN:

Category: International law

Page: 653

View: 423

Each day the media reports the rapid changes occurring around the world which have a significance for international law. The struggle for self-determination in the USSR and elsewhere, the attempts to control terrorism, the role of the United Nations, the cries for human rights, and the urgent need to protect the environment are all matters addressed by international law. However, too often the treaties, the resolutions, the statements, the cases and the other materials concerning these matters are not readily available to students of international law. Many are in United Nations documents, in national journals or in foreign government publications. As there is an increasing interdependence of the international community, it is important for this material to be easily accessible. This book is a complete collection of cases and materials and contains the material students generally need, covering both the well-established and the developing international law.

The Ombudsman in the Modern State

Author: Matthew Groves

Publisher: Hart Publishing

ISBN:

Category: Law

Page: 320

View: 209

Ombudsmen are a global phenomenon. They are also a critical part of the public law frameworks of modern liberal democracies. This is the first edited collection to examine the place of the ombudsman in the modern state. It brings together key international scholars to discuss current and future challenges for the Ombudsman institution and the systems of government within which they operate. The book is international in scope with authors heralding from most continents - Canada, the Netherlands, the United Kingdom, Australia, New Zealand, Hong Kong, South Africa, Germany, and Austria. This global analysis is both in-depth and expansive in its coverage of the operation of Ombudsmen across civil and common law legal systems. The book has two key themes: - The enduring question of the location and operation of Ombudsmen within public law systems in a changing state, and - The challenges faced by Ombudsmen in contemporary governance. This collection adds to the public law scholarship by addressing a common problem faced by all avenues of public law review – the evolving nature of modern public administration.

Judicial Review of Administrative Action

A Comparative Analysis

Author: Hilary Delany

Publisher: Virago Press

ISBN:

Category: Administrative law

Page: 281

View: 247

Judicial Review of Administrative Action - A Comparative Analysis, reviews developments in this sector of the law in Ireland, as well as examining evolving principles elsewhere in the common law world. Comparative, this text also highlights common trends and substantial divergences, to illustrate and question how the judiciary have approached very similar issues in different jurisdictions. Analytical, it focuses on jurisdictional error, control of the exercise of discretionary powers, and legitimate expectations and fair procedures.

The Enigma of Comparative Law

Variations on a Theme for the Twenty-first Century

Author: E. Örücü

Publisher: Springer

ISBN:

Category: Law

Page: 242

View: 662

Viewing the contested theme Comparative Law as an 'Enigma', this book explores its fundamental issues as sub-themes, each covered in two variations. After the Overture, the author pulls some strands together in the Intermezzo, uses a free hand in the Cadenza, and asks the reader to draw her own conclusions in the Finale. By this method two fundamentally opposed views are exposed in each Chapter. The what, why and how of comparative law, comparative law and legal education, comparative law and judges, and comparative law and law reform by transposition are explored. The author also examines current debates of comparative law such as law and culture, deconstruction of classifications, mixing systems, limits of comparability, convergence/non-convergence and ius commune novum. By following this two-pronged approach, the book covers many important aspects of comparative law in a refreshing manner not seen in any other work. It is provocative and discursive, bringing together for the reader major developments of comparative law. The book ends by asking 'Where are we going?'.

The Use of Comparative Law by Courts

Author: International Academy of Comparative Law

Publisher: Springer

ISBN:

Category: Law

Page: 341

View: 927

This new volume contains fourteen national reports and a General Report on the use of comparative law by courts, which were presented at the XIVth International Congress of Comparative Law in Athens. It provides a general survey of the frequency and methods of a comparative recourse to foreign law by courts, describing both the methods of such recourse and the typical fields in which it is undertaken. The reports offer an interesting cross-section of contemporary court practice from a wide variety of countries around the world andndash; large and small, unitary and federal, and with differing historical backgrounds. All demonstrate the needs of national courts to look to foreign law for inspiration or as a model for dealing with new, unsettled issues of national law, and the reports illustrate well the impact of divergent traditions, attitudes and surrounding circumstances. Of special interest are both the role of comparative law and the comparative method employed in the practice of a supranational court, such as the European Court of Justice. In addition to the General Report, this volume contains national reports from the following countries: Canada, European Union, France, Germany, Greece, Iceland, Israel, Japan, Luxembourg, The Netherlands, United Kingdom and United States of America.

The Legal Protection of Rights in Australia

Author: Matthew Groves

Publisher: Hart Publishing

ISBN:

Category: Law

Page: 504

View: 649

How do you protect rights without a Bill of Rights? Australia does not have a national bill or charter of rights and looks further away than ever from adopting one. But it does have a range of individual elements sourced from common law, statute and the Constitution which, though unsystematic, do provide Australians with some meaningful rights protection. This book outlines and explains the unique human rights journey of Australia. It moves beyond the criticisms long made of the Australian position – that its 'formalism', 'legalism' and 'exceptionalism' compromise its capacity for rights protection – to consider how the many elements of its novel legal structure operate. This book analyses the interlocking legal framework for the protection of rights in Australia. A key theme of the book is that the many different elements of a fragmented scheme can add up to something significant, albeit with significant gaps and flaws like any other legal rights protection framework. It shows how the jumbled influences of a common law heritage, a written constitution, differing paths taken by jurisdictions within a single federal state, statutory and common law innovations and a strong dose of comparative legal influences have led to the unique patchwork of rights protection in Australia. It will provide valuable reading for all those researching in human rights, constitutional and comparative law.

Public Law Adjudication in Common Law Systems

Process and Substance

Author: John Bell

Publisher: Bloomsbury Publishing

ISBN:

Category: Law

Page: 320

View: 183

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.

Hong Kong Data Privacy Law

Territorial Regulation in a Borderless World

Author: Mark Berthold

Publisher:

ISBN:

Category: Data protection

Page: 474

View: 172

The Impact of Global and Regional Integration on Federal Systems

A Comparative Analysis

Author: Queen's University (Kingston, Ont.). Institute of Intergovernmental Relations

Publisher: Published for the Institute of Intergovernmental Relations, School of Policy Studies, Queen's University by McGill-Queen's University Press

ISBN:

Category: Political Science

Page: 371

View: 506

Each chapter in this book analyses how the respective federation may look under a variety of future international scenarios.

Law Society Journal

The Official Journal of the Law Society of New South Wales

Author:

Publisher:

ISBN:

Category: Bar associations

Page:

View: 249

Inside and Outside Canadian Administrative Law

Essays in Honour of David Mullan

Author: David J. Mullan

Publisher: University of Toronto Press

ISBN:

Category: Law

Page: 495

View: 455

The rise to prominence of administrative law in the second half of the twentieth century is often remarked upon as the greatest legal development of the period. In this process there has been considerable borrowing of ideas and learning from experiences elsewhere in the common law world. This volume brings together administrative law scholars and judges from around the globe to address important issues in the field and to honour the career of one of the leading administrative lawyers in the Anglo-Commonwealth world, Professor David Mullan. Editors Grant Huscroft and Michael Taggart have identified the broad themes in Mullan's work - procedural fairness; scope of review and deference; the interrelationship of administrative law and human rights; the legitimacy of state regulation and tribunal adjudication; common law comparativism - and invited contributions on those themes from leading scholars in Canada, the United Kingdom, Australia, South Africa, and the United States. A fitting tribute to a great scholar, Inside and Outside Canadian Administrative Law will prove fascinating to students, teachers, and practitioners of administrative law as well as policy makers and political scientists.