Administrative Law and Politics

Cases and Comments

Author: Christine B. Harrington,Lief H. Carter

Publisher: CQ Press

ISBN: 1483322874

Category: Political Science

Page: 584

View: 7050

In the Fifth Edition of Administrative Law and Politics, authors Christine B. Harrington and Leif H. Carter show the scope and power of administrative government and demonstrate how the legal system shapes administrative procedure and practice. Using accessible language and examples, the casebook provides the foundation that students, public administrators and policy analysts need to interpret the rules and regulations that support our legal system.

Administrative Law

Author: Peter Cane

Publisher: Oxford University Press, USA

ISBN: 0199692327

Category: Law

Page: 452

View: 5648

The fifth edition of this key student text provides an accessible and stimulating account of the legal framework of public administration. The new edition has been thoroughly reorganized to reflect the modern tranformation in the perception of the nature and function of administrative law.

Administrative Law in a Changing State

Essays in Honour of Mark Aronson

Author: Linda Pearson,Carol Harlow,Michael Taggart

Publisher: Bloomsbury Publishing

ISBN: 1847314694

Category: Law

Page: 420

View: 3020

This book of essays celebrates Mark Aronson's contribution to administrative law. As joint author of the leading Australian text on judicial review of administrative action, Aronson's work is well-known to public lawyers throughout the common law world and this is reflected in the list of contributors from the US, Canada, Australia, New Zealand and the UK. The introduction comes from Justice Michael Kirby of the High Court of Australia. The essays reflect Aronson's interests in judicial review, non-judicial grievance mechanisms, problems of proof and evidence, and the boundaries of public and private law. Amongst the contributors, Peter Cane, Elizabeth Fisher, and Linda Pearson write on administrative adjudication and decision-making, Anita Stuhmcke writes on Ombudsmen, and Robin Creyke and John McMillan, the Commonwealth Ombudsman, write on charters, codes and 'soft law'. There are evaluations of the profound influence of human rights law on judicial review from the UK by Sir Jack Beatson and Thomas Poole and from Canada by David Mullan. Matthew Groves and Chief Justice James Spigelman address developing themes in judicial review, while Carol Harlow, Richard Rawlings, Michael Taggart and Janet McLean follow Aronson's interests into the private side of public law. An American perspective is added by Alfred Aman and Jack Beermann.

A Theory of Deference in Administrative Law

Basis, Application and Scope

Author: Paul Daly

Publisher: Cambridge University Press

ISBN: 1139536990

Category: Law

Page: N.A

View: 6550

In the modern administrative state, hundreds if not thousands of officials wield powers that can be used to the benefit or detriment of individuals and corporations. When the exercise of these powers is challenged, a great deal can be at stake. Courts are confronted with difficult questions about how to apply the general principles of administrative law in different contexts. Based on a comparative theoretical analysis of the allocation of authority between the organs of government, A Theory of Deference in Administrative Law provides courts with a methodology to apply no matter how complex the subject matter. The firm theoretical foundation of deference is fully exposed and a comprehensive doctrine of curial deference is developed for application by courts in judicial review of administrative action. A wide scope is urged, spanning the whole spectrum of government regulation, thereby ensuring wide access to public law remedies.

Current Legal Problems 2010

Author: George Letsas,Colm O'Cinneide

Publisher: Oxford University Press, USA

ISBN: 0199602581

Category: Law

Page: 744

View: 2326

Transition to Journals From Volume 63, Current Legal Problems will be available as online only, print only, or combined print and online subscriptions from Oxford Journals. The Current Legal Problems archive is available immediately from January 2011. Customers wishing to take out a subscription can do so by clicking through to the yearbook's journal page: Current Legal Problems will benefit from a number of additional features made possible by online publication: Publish ahead of print - Articles will appear online throughout the year, granting subscribers immediate access to the latest developments in both HTML and PDF formats, without needing to wait for the print volume Email alerts - Anyone can sign up to receive Current Legal Problems content alerts - both of the annual volume and of content published throughout the year Searchable archive - The entire archive back to 1996 will be made available to Current Legal Problems subscribers The Current Legal Problems lecture series and annual volume was established around 60 years ago at the Faculty of Laws, University College London, and has long been recognized as a major reference point for legal scholarship. The continuing strength of Current Legal Problems is its representation of a broad range of legal scholarship opinion, theory, methodology, and subject matter, with an emphasis upon contemporary developments of law. Contributions to the 63rd volume in the series include a discussion on the human rights of children, the difficulties of social welfare in Europe, and the role of the Human Rights Act post 9/11. Other chapters address subjects as diverse as the law of trusts, international trade regulation in the WTO, and UK corporate law reform.

Modern Administrative Law in Australia

Concepts and Context

Author: Matthew Groves

Publisher: Cambridge University Press

ISBN: 113986842X

Category: Law

Page: N.A

View: 9981

Modern Administrative Law in Australia provides an authoritative overview of administrative law in Australia. It clarifies and enlivens this crucial but complex area of law, with erudite analysis and modern perspectives. The contributors - including highly respected academics from eleven Australian law schools, as well as eminent practitioners including Chief Justice Robert French AC and Justice Stephen Gageler of the High Court of Australia - are at the forefront of current research, debate and decision making, and infuse the book with unique insight. The book examines the structure and themes of administrative law, the theory and practice of judicial review, and the workings of administrative law beyond the courts. Administrative law affects innumerable aspects of political, commercial and private life, and yet is often considered difficult to understand. Modern Administrative Law unravels the intricacies and reveals how they are applied in real cases. It is an essential reference for students and practitioners of administrative law.

Sports Law

Author: Simon Gardiner,Simon Boyes,Urvasi Naidoo,John O'Leary,Roger Welch

Publisher: Routledge

ISBN: 1136588124

Category: Law

Page: 656

View: 7340

Long established as the market leading textbook on sports law, this much-anticipated new edition offers a comprehensive and authoritative examination of the legal issues surrounding and governing sport internationally. Locating the legal regulation of sport within an explicit socio-economic context, this refocused edition is divided into four core parts: Governance & Sport; Commercial Regulation; Sports Workplace; and Safety in Sport. Recent developments covered in this edition include: EU competition law interaction with sport under arts. 101 and 102 of the Treaty on the Functioning of the European Union; the current World Anti-Doping Agency code; analysis of the recent Court of Arbitration for Sport Jurisprudence; reforms of the transfer system in team sports; anti-discrimination provisions in sport; engagement with match fixing; a focus on the legal context of 2012 London Olympics. Essential reading for students studying sports law or sports-related courses, this textbook will also prove useful to sports law practitioners and sports administrators in need of a clear companion to the field.

Constitutional Law, Administrative Law, and Human Rights

A Critical Introduction

Author: Ian Loveland

Publisher: Oxford University Press

ISBN: 0199606404

Category: Law

Page: 794

View: 8832

Constitutional Law, Administrative Law, and Human Rights provides a unique, cross-disciplinary approach to the study of public law. Engaging, critical and stimulating, it enables the reader to gain a thorough and fundamental appreciation of the law in its wider context.

Private Law and the Rule of Law

Author: Lisa M Austin,Dennis Klimchuk

Publisher: OUP Oxford

ISBN: 0191045578

Category: Law

Page: 375

View: 383

The rule of law is widely perceived to be a public law doctrine, concerned with the way in which governmental authority conforms to the dictates of law. The goal of this book is to challenge this presumption. The chapters in this volume all consider the idea that the rule of law concerns the nature of law generally and the conditions under which any relationship - that among citizens as well as that between citizens and the state - becomes subject to law. Addressing two major questions, they ask if our understanding of the rule of law is enriched by considering how and to what degree it is expressed or realized in private law, and whether our understanding of the private law is enriched by adding the principles of the rule of law to the traditional list of core private law concepts. Bringing together leading philosophers of private and public law, this volume examines key questions in a little-explored field, and will be essential reading for all those interested in the rule of law and in private law theory.

The Constitution of Law

Legality in a Time of Emergency

Author: David Dyzenhaus

Publisher: Cambridge University Press

ISBN: 1139460501

Category: Law

Page: N.A

View: 4740

Dyzenhaus deals with the urgent question of how governments should respond to emergencies and terrorism by exploring the idea that there is an unwritten constitution of law, exemplified in the common law constitution of Commonwealth countries. He looks mainly to cases decided in the United Kingdom, Australia and Canada to demonstrate that even in the absence of an entrenched bill of rights, the law provides a moral resource that can inform a rule-of-law project capable of responding to situations which place legal and political order under great stress. Those cases are discussed against a backdrop of recent writing and judicial decisions in the United States of America in order to show that the issues are not confined to the Commonwealth. The author argues that the rule-of-law project is one in which judges play an important role, but which also requires the participation of the legislature and the executive.

Risk Regulation and Administrative Constitutionalism

Author: Elizabeth C. Fisher

Publisher: Bloomsbury Publishing

ISBN: 1847313728

Category: Law

Page: 256

View: 4653

Over the last decade the regulatory evaluation of environmental and public health risks has been one of the most legally controversial areas of contemporary government activity. Much of that debate has been understood as a conflict between those promoting 'scientific' approaches to risk evaluation and those promoting 'democratic' approaches. This characterization of disputes has ignored the central roles of public administration and law in technological risk evaluation. This is problematic because, as shown in this book, legal disputes over risk evaluation are disputes over administrative constitutionalism in that they are disputes over what role law should play in constituting and limiting the power of administrative risk regulators. This is shown by five case studies taken from five different legal cultures: an analysis of the bifurcated role of the Southwood Working Party in the UK BSE crisis; the development of doctrines in relation to judicial review of risk evaluation in the US in the 1970s; the interpretation of the precautionary principle by environmental courts and generalist tribunals carrying out merits review in Australia; the interpretation of the WTO Sanitary and Phytosanitary Agreement as part of the WTO dispute settlement process; and the interpretation of the precautionary principle in the EU context. A strong argument is thus made for re-orienting the focus of scholarship in this area.

Feminist Perspectives on Public Law

Author: Susan Millns,Noel Whitty

Publisher: Routledge

ISBN: 1135345538

Category: Law

Page: 324

View: 6221

Feminist scholarship can provide public lawyers with the critical tools and insights to respond to these new challenges. This collection begins a dialogue between public law and feminism by offering a range of perspectives on contemporary public law themes and topics.

Outsourcing Sovereignty

Why Privatization of Government Functions Threatens Democracy and What We Can Do about It

Author: Paul R. Verkuil

Publisher: Cambridge University Press

ISBN: 1139466267

Category: Political Science

Page: N.A

View: 8854

This book describes the largely overlooked process of using private government contractors to perform essential or inherent functions in the military and civilian sectors of government. It shows how such practices undermine the capacity effectiveness and morale of government officials and it establishes constitutional and statutory arguments against the practice. It recognizes and accepts the proper role for outsourcing or privatization while safeguarding against its improper use. The argument ultimately turns on the necessity for our democratic system to require the executive branch to perform crucial tasks in-house unless Congress has permitted delegations to private contractors.

German Administrative Law

In Common Law Perspective

Author: Mahendra P. Singh

Publisher: Springer Science & Business Media

ISBN: 3662024578

Category: Law

Page: 194

View: 623

It is with the greatest pleasure that I add a few introductory remarks to the book of Dr. Mahendra Pal Singh on German administrative law. Between 1981 and 1982 Dr. Singh spent nearly two years in Heidelberg, doing re search partly at the South Asia Institute of the Ruprecht Karl University and partly at the Max Planck Institute for Comparative Public Law and International Law. During his stay in the Federal Republic of Germany, Dr. Singh studied the general principles of German administrative law in a careful and admirable manner, and he has now completed the present book which is based on his studies in Heidelberg. For several reasons Dr. Singh is especially qualified to write this book: His famil iarity with the administrative law of his home country has enabled him to look upon the German law with considerable objectivity; his knowledge of the German lan guage gave him access to the vast amount of German literature and court decisions; and Dr. Singh was able to penetrate this material with a searching and scholarly spirit. The final product seems to be the first comprehensive treatise in English on German administrative law.

Judäa - Syria Palästina

Die Auseinandersetzung einer Provinz mit römischer Politik und Kultur

Author: Werner Eck

Publisher: Mohr Siebeck

ISBN: 9783161530265

Category: Religion

Page: 321

View: 701

English summary: Narrative tradition omits many aspects of the history of a province. Over the course of recent decades, a range of epigraphic, papyrological, numismatic and archaeological source material has been reassessed with regard to the province of Judea which provides a much more up to date and realistic impression of the province of Judea / Syria Palestine than that which had developed previously, in particular through the influence of the statements in the Mishnah and the Talmud. This collection of essays by Werner Eck reveals new perspectives on Roman rule in Judea gained from inscriptions, especially in Latin and Greek, and shows the disastrous consequences that the Bar Kochba revolt had for the country. At the same time it puts forward a skeptical view of Josephus, whose depiction of the Roman prefect before the first uprising is exposed as a deliberate defamation. German description: Viele Aspekte der Geschichte einer Provinz fehlen in der literarischen Uberlieferung. Fur die Provinz Judaa sind in den letzten Jahrzehnten zahlreiche epigraphische, papyrologische, numismatische und archaologische Quellen neu erschlossen worden, die ein wesentlich neueres und realistischeres Bild der Provinz Judaa / Syria Palastina entstehen lassen, als es bisher, vor allem unter dem Einfluss der Aussagen von Mischna und Talmud, entwickelt wurde. Die hier versammelten Aufsatze von Werner Eck zeigen, welche neue Sichtweise Inschriften, speziell lateinische und griechische, auf die romische Herrschaft in Judaa erlauben und welche katastrophalen Folgen der Bar Kochba Aufstand fur das Land hatte. Daneben wird eine skeptische Sicht auf Josephus entwickelt, dessen Schilderung der romischen Prafekten vor dem ersten Aufstand als eine bewusste Diffamierung entlarvt wird.

Seeking Asylum in the UK

Problems and Prospects

Author: Colin Harvey

Publisher: Cambridge University Press

ISBN: 9780406895929

Category: Law

Page: 345

View: 1498

An examination of the emergence of the legal regime in the United Kingdom addressing refugees and asylum seekers.