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Due Process is one of the most interesting and conceptually
challenging areas of the common law, and in recent years there has
been a major revival of interest in the sheer range and
applicability of the term. In this major new book, the author of
the widely admired Discretionary Powers offers a study of the
underlying principles of due process and fair procedures, and sets
the discussion within a broad comparative and theoretical
framework. In landmark decisions such as Ridge v. Baldwin (1968)
the courts in Britain and other parts of the Commonwealth have
begun to recognize the importance of procedural fairness across a
broad spectrum of official powers and decisions. Principles have
begun to emerge, and yet the courts have not yet developed an
approach which is entirely adequate to the task. In this timely
book, the author traces the development of these principles within
a framework which includes analysis and critique of legal
developments in the major common law jurisdictions, and which
relates these developments to similar ideas under both the European
Convention on Human Rights and the American Constitution. Original,
scholarly and thought-provoking, this major new study will be
required reading for lawyers with interests in public law, civil
and criminal procedure, civil liberties, legal theory and
comparative law.
Examines adminstrative law and administrative institutions in
Central and Eastern Europe, Using case studies, the book discusses
each country in the region.
Are the courts our friend or our foe? This book has three parts:
Part I considers the case for judicial independence Part II looks
at the question 'Is judicial independence under threat?' Part III
reflects on whether judicial independence be defended and
protected. Prompted by the constitutional crisis following the
referendum of 2016, the Foundation for Law Justice and Society
convened the second Putney Debates. Now convened on an annual
basis, they provide a forum each year for the discussion of matters
of constitutional importance. The original Putney Debates were held
in St Mary’s Church, Putney in 1647. The Civil War had been won,
the King was held prisoner, the New Model Army was in control. In
late October of that year, the weekly meeting of the High Council
of the New Model Army, under the chairmanship of Oliver Cromwell,
together with several civilians, turned into a debate about the
constitution. This is perhaps the only occasion in modern history
that a constitutional convention has been held on the English
constitution.
One noticeable feature of modern legal systems is the extent to
which power is conferred upon government officials and agencies to
be exercized at their discretion, according to policy
considerations, rather than according to precise legal standards.
This book is a legal and jurisprudential analysis of discretionary
power in modern legal systems, with particular emphasis on the
consequences of discretion in the relationship between the
individual and the state.
Are the courts our friend or our foe? This book has three parts:
Part I considers the case for judicial independence Part II looks
at the question 'Is judicial independence under threat?' Part III
reflects on whether judicial independence be defended and
protected. Prompted by the constitutional crisis following the
referendum of 2016, the Foundation for Law Justice and Society
convened the second Putney Debates. Now convened on an annual
basis, they provide a forum each year for the discussion of matters
of constitutional importance. The original Putney Debates were held
in St Mary's Church, Putney in 1647. The Civil War had been won,
the King was held prisoner, the New Model Army was in control. In
late October of that year, the weekly meeting of the High Council
of the New Model Army, under the chairmanship of Oliver Cromwell,
together with several civilians, turned into a debate about the
constitution. This is perhaps the only occasion in modern history
that a constitutional convention has been held on the English
constitution.
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Paperback
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R205
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Discovery Miles 1 680
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