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Public Law Adjudication in Common Law Systems: Process and Substance

Editat de Professor John Bell, Mark Elliott, Professor Jason NE Varuhas, Dr Philip Murray
en Limba Engleză Hardback – 6 apr 2016
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.
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Specificații

ISBN-13: 9781849469913
ISBN-10: 1849469911
Pagini: 448
Dimensiuni: 169 x 244 x 35 mm
Greutate: 0.91 kg
Editura: Bloomsbury Publishing
Colecția Hart Publishing
Locul publicării:London, United Kingdom

Caracteristici

The contributors take a variety of approaches: theoretical, contextual or empirical and historical, with concluding chapters reflecting generally on the papers in the collection and the value of facilitating cross-jurisdictional dialogue.

Notă biografică

John Bell is Professor of Law and Mark Elliott is Professor of Public Law at the University of Cambridge. Jason NE Varuhas is Associate Professor at the University of Melbourne. Philip Murray is a former Fellow in Law at St John's College, Cambridge.

Cuprins

1. Introduction John Bell, Mark Elliott, Jason NE Varuhas and Philip Murray2. Public Reason and Administrative Legitimacy Jerry L Mashaw 3. Administrative Law: A Values-based Approach Paul Daly4. The Public Interest Conception of Public Law: Its Procedural Origins and Substantive Implications Jason NE Varuhas5. Process, Substance and the History of Error of Law Review Philip Murray6. The Growth of Substantive Review: The Changes, their Causes and their Consequences Mark Aronson7. 'Blasphemy Against Basics' : Doctrine, Conceptual Reasoning and Certain Decisions of the UK Supreme Court Christopher Forsyth8. The Legitimacy of Expectations About Fairness: Can Process and Substance be Untangled? Matthew Groves and Greg Weeks9. Judicial Review of Delegated Legislation: Why Favour Substantive Review over Procedural Review? Andrew Edgar10. Transubstantiation in Canadian Public Law: Processing Substance and Instantiating Process Mary Liston11. Is Judicial Review Qualitative? Alan Robertson12. Remedies for Laws that Violate Human Rights Kent Roach13. 'Striking Back' and 'Clamping Down': An Alternative Perspective on Judicial Review Carol Harlow and Richard Rawlings14. The Use and Effects of Judicial Review: Assumptions and the Empirical Evidence Maurice Sunkin and Varda Bondy15. Common Law Public Law: Some Comparative Reflections Cheryl Saunders16. Comparison, Realism and Theory in Public Law David Feldman

Recenzii

In an age that has seen the publication of a number of books of essays on administrative law, this publication stands above the crowd, by reason of its coherent development of themes and the uniformly high quality of the essays. The authors and the publisher are to be congratulated.