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Legal Culture, Legality and the Determination of the Grounds of Judicial Review of Administrative Action in England and Australia (Hardcover, 1st ed. 2021)
Loot Price: R4,142
Discovery Miles 41 420
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Legal Culture, Legality and the Determination of the Grounds of Judicial Review of Administrative Action in England and Australia (Hardcover, 1st ed. 2021)
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This book presents a navigating framework of legal culture and
legality to facilitate a comprehensive understanding of the English
and Australian determination of the grounds of judicial review.
This book facilitates tangible process of how and why
jurisdictional error, jurisdictional fact, proportionality and
substantive legitimate expectations are debatable in English law,
while they are either completely rejected or firmly entrenched in
Australian law. This book argues that these differences are not
just random. Legality is not just a fig-leaf, but is profoundly
rooted in legal systems' legal culture; hence, it dictates the way
in which courts empower, justify, constrain or limit the scope of
judicial review. This book presents evidence that courts differ in
legal systems and apply diverse ways to determine the scope of
judicial review based on their deep understanding of legality,
which is embedded in the legal culture of their legal system. This
book uses comparative methodology and develops this framework
between English and Australian law. Although obvious and important,
this book presents a kind of examination that has never been
undertaken in this depth and detail before.
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