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Through a comparative analysis of England, the European Union, and
the United States, this book considers legal responses to
delegation of governmental power to private parties. It is argued
that although private delegation has the potential to enhance the
efficency and effectiveness of governance, it should not be assumed
to have this result. Moreover, private delegation creates risks to
democracy, accountability, and human rights. Any legal controls
must therefore respond to the challenge of enhancing the potential
effectiveness of private delegation, while minimising the risks
associated with this phenomenon.
The legal responses of the three jurisdictions to private
delegation are categorised in a two-fold and functional way:
responses which impose controls on the delegator of governmental
power, and responses which impose contols on the private delegate
of governmental power. To secure an appropriate comparative
methodology within each category the controls imposed by different
legal disciplines such as constitutional law, administrative law,
regulatory law, and private law are assessed.
Many goals are pursued in this volume . First, the relationship
between the different legal responses will be illustrated. It will
be argued that the challenge of private delegation is a complex
one, which requires a multi-faceted response from a number of
different legal disciplines. No one source of legal control is in
itself adequate to respond to the challenge. Second, within the
discussion of each individual legal control, analysis of
appropriate responses to private delegation will be made. Third, it
will be shown that at present, the response of all three
jurisdictions to privatedelegation, albeit in differing degrees, is
inadequate. A much greater awareness of the risks of private
delegation and a greater sense of responsibility on the part of the
judiciary are required if the three legal systems are to respond
appropriately to the challenge of delegation of governmental power
to private parties.
De Smith's Principles of Judicial Review is the leading work on the
principles, practice and remedies of judicial review in England and
Wales. This edition reflects the continuing importance and
complexity of judicial review and incorporates recent fundamental
developments in the area. It deals with domestic grounds of review,
challenges under the Human Rights Act 1998 and the use of European
Community law in judicial review. De Smith's Principles of Judicial
Review provides a coherent, comprehensive and compelling analysis
of Judicial Review and will be welcomed by students studying this
area of law. Covers the history, theoretical foundations and
principles of judicial review. Explains the scope of judicial
review Provides authoritative and comprehensive guidance on the
practice and procedure of judicial review. Deals comprehensively
with all grounds of challenge, including illegality, procedural
impropriety, substantive review, Convention rights and European
Community grounds. Clarifies complex changes in substantive review,
including proportionality and legitimate expectations, against a
background of a developing "culture of justification". Sets out the
principles underlying each area of judicial review Sets out the
context of judicial review and its scope, considering at the outset
a number of issues which guide De Smith's approach Considers the
context in which judicial review is but one of a number of possible
avenues of redress for aggrieved citizens Examines those who may
initiate a claim for judicial review (claimants); who have a right
to be a party (interested parties) and those who may seek
permission from the court to make submissions as interveners.
Considers the often complex and controversial questions of which
defendants and decisions are subject to judicial review Deals
comprehensively with the grounds of review in the following
categories: illegality, lack of procedural fairness and
irrationality or unreasonableness (Substantive Review and
Justification) Full coverage of procedures and remedies, funding
and costs
The discovery of cheese is a narrative at least 8,000 years old,
dating back to the Neolithic era. Yet, after all of these thousands
of years we are still finding new ways to combine the same four
basic ingredients - milk, bacteria, salt, and enzymes - into new
and exciting products with vastly different shapes, sizes, and
colors, and equally complex and varied tastes, textures, and, yes,
aromas. In fact, after a long period of industrialized, processed,
and standardized cheese, cheesemakers, cheesemongers, affineurs,
and most of all consumers are rediscovering the endless variety of
cheeses across cultures. The Oxford Companion to Cheese is the
first major reference work dedicated to cheese, containing 855 A-Z
entries on cheese history, culture, science, and production. From
cottage cheese to Camembert, from Gorgonzola to Gruyere, there are
entries on all of the major cheese varieties globally, but also
many cheeses that are not well known outside of their region of
production. The concentrated whey cheeses popular in Norway,
brunost, are covered here, as are the traditional Turkish and
Iranian cheeses that are ripened in casings prepared from sheep's
or goat's skin. There are entries on animal species whose milk is
commonly (cow, goat, sheep) and not so commonly (think yak, camel,
and reindeer) used in cheesemaking, as well as entries on a few
highly important breeds within each species, such as the Nubian
goat or the Holstein cow. Regional entries on places with a strong
history of cheese production, biographies of influential
cheesemakers, innovative and influential cheese shops, and
historical entries on topics like manorial cheesemaking and cheese
in children's literature round out the Companion's eclectic
cultural coverage. The Companion also reflects a fascination with
the microbiology and chemistry of cheese, featuring entries on
bacteria, molds, yeasts, cultures, and coagulants used in
cheesemaking and cheese maturing. The blooms, veins, sticky
surfaces, gooey interiors, crystals, wrinkles, strings, and yes,
for some, the odors of cheese are all due to microbial action and
growth. And today we have unprecedented insight into the microbial
complexity of cheese, thanks to advances in molecular biology,
whole-genome sequencing technologies, and microbiome research. The
Companion is equally interested in the applied elements of
cheesemaking, with entries on production methodologies and the
technology and equipment used in cheesemaking. An astonishing 325
authors contributed entries to the Companion, residing in 35
countries. These experts included cheesemakers, cheesemongers,
dairy scientists, anthropologists, food historians, journalists,
archaeologists, and on, from backgrounds as diverse as the topics
they write about. Every entry is signed by the author, and includes
both cross references to related topics and further reading
suggestions. The endmatter includes a list of cheese-related
museums and a thorough index. Three 8-page colour inserts and well
over a hundred black and white images help bring the entries to
life. This landmark encyclopedia is the most wide-ranging,
comprehensive, and reliable reference work on cheese available,
suitable for both novices and industry insiders alike.
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