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The recognition and enforcement of legitimate expectations by
courts has been a striking feature of English law since R v North
and East Devon Health Authority; ex parte Coughlan [2001] 3 QB 213.
Although the substantive form of legitimate expectation adopted in
Coughlan was quickly accepted by English courts and received a
generally favourable response from public law scholars, the
doctrine of that case has largely been rejected in other common law
jurisdictions. The central principles of Coughlan have been
rejected by courts in common law jurisdictions outside the UK for a
range of reasons, such as incompatibility with local constitutional
doctrine, or because they mark an undesirable drift towards merits
review. The sceptical and critical reception to Coughlan outside
England is a striking contrast to the reception the case received
within the UK. This book provides a detailed scholarly analysis of
these issues and considers the doctrine of legitimate expectations
both in England and elsewhere in the common law world.
Ombudsmen are a global phenomenon. They are also a critical part of
the public law frameworks of modern liberal democracies. This is
the first edited collection to examine the place of the ombudsman
in the modern state. It brings together key international scholars
to discuss current and future challenges for the Ombudsman
institution and the systems of government within which they
operate. The book is international in scope with authors heralding
from most continents - Canada, the Netherlands, the United Kingdom,
Australia, New Zealand, Hong Kong, South Africa, Germany, and
Austria. This global analysis is both in-depth and expansive in its
coverage of the operation of Ombudsmen across civil and common law
legal systems. The book has two key themes: - The enduring question
of the location and operation of Ombudsmen within public law
systems in a changing state, and - The challenges faced by
Ombudsmen in contemporary governance. This collection adds to the
public law scholarship by addressing a common problem faced by all
avenues of public law review - the evolving nature of modern public
administration.
Military justice systems across the world are in a state of
transition. These changes are due to a combination of both domestic
and international legal pressures. The domestic influences include
constitutional principles, bills of rights and the presence of
increasingly strong oversight bodies such as parliamentary
committees. Military justice has also come under pressure from
international law, particularly when applied on operations. The
common theme in these many different influences is the growing role
of external legal principles and institutions on military justice.
This book provides insights from both scholars and practitioners on
reforms to military justice in individual countries (including the
UK, Canada, the Netherlands and Australia) and in wider regions
(for example, South Asia and Latin America). It also analyses the
impact of 'civilianisation', the changing nature of operations and
the decisions of domestic and international courts on efforts to
reform military justice.
Military justice systems across the world are in a state of
transition. These changes are due to a combination of both domestic
and international legal pressures. The domestic influences include
constitutional principles, bills of rights and the presence of
increasingly strong oversight bodies such as parliamentary
committees. Military justice has also come under pressure from
international law, particularly when applied on operations. The
common theme in these many different influences is the growing role
of external legal principles and institutions on military justice.
This book provides insights from both scholars and practitioners on
reforms to military justice in individual countries (including the
UK, Canada, the Netherlands and Australia) and in wider regions
(for example, South Asia and Latin America). It also analyses the
impact of 'civilianisation', the changing nature of operations and
the decisions of domestic and international courts on efforts to
reform military justice.
The growth of administrative law in Australia has continued in an
unabated form since the introduction of innovative reforms in the
mid-seventies. The centre plank of these reforms was the
establishment of the Administrative Appeals Tribunal with follow-on
reforms relating to the Ombudsman, judicial review and freedom of
information legislation. The impact of these reforms has been vast
and significant. This 2007 book seeks to take stock of the growth
and development of administrative law principles. Particular
attention is paid to the important cases and key doctrines which
provide the theoretical underpinnings of these principles. In this
book a team of highly respected administrative law scholars and
jurists aim to provide a lucid exposition of the relevant case law,
principles and doctrines. The book should illuminate the
fundamental features of Australian administrative law and should
prove useful to students and practitioners interested in this
field.
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.
How do you protect rights without a Bill of Rights? Australia does
not have a national bill or charter of rights and looks further
away than ever from adopting one. But it does have a range of
individual elements sourced from common law, statute and the
Constitution which, though unsystematic, do provide Australians
with some meaningful rights protection. This book outlines and
explains the unique human rights journey of Australia. It moves
beyond the criticisms long made of the Australian position - that
its 'formalism', 'legalism' and 'exceptionalism' compromise its
capacity for rights protection - to consider how the many elements
of its novel legal structure operate. This book analyses the
interlocking legal framework for the protection of rights in
Australia. A key theme of the book is that the many different
elements of a fragmented scheme can add up to something
significant, albeit with significant gaps and flaws like any other
legal rights protection framework. It shows how the jumbled
influences of a common law heritage, a written constitution,
differing paths taken by jurisdictions within a single federal
state, statutory and common law innovations and a strong dose of
comparative legal influences have led to the unique patchwork of
rights protection in Australia. It will provide valuable reading
for all those researching in human rights, constitutional and
comparative law.
This is an EXACT reproduction of a book published before 1923. This
IS NOT an OCR'd book with strange characters, introduced
typographical errors, and jumbled words. This book may have
occasional imperfections such as missing or blurred pages, poor
pictures, errant marks, etc. that were either part of the original
artifact, or were introduced by the scanning process. We believe
this work is culturally important, and despite the imperfections,
have elected to bring it back into print as part of our continuing
commitment to the preservation of printed works worldwide. We
appreciate your understanding of the imperfections in the
preservation process, and hope you enjoy this valuable book.
This scarce antiquarian book is a selection from Kessinger
Publishing's Legacy Reprint Series. Due to its age, it may contain
imperfections such as marks, notations, marginalia and flawed
pages. Because we believe this work is culturally important, we
have made it available as part of our commitment to protecting,
preserving, and promoting the world's literature. Kessinger
Publishing is the place to find hundreds of thousands of rare and
hard-to-find books with something of interest for everyone
Ombudsmen are a global phenomenon. They are also a critical part of
the public law frameworks of modern liberal democracies. This is
the first edited collection to examine the place of the ombudsman
in the modern state. It brings together key international scholars
to discuss current and future challenges for the Ombudsman
institution and the systems of government within which they
operate. The book is international in scope with authors heralding
from most continents - Canada, the Netherlands, the United Kingdom,
Australia, New Zealand, Hong Kong, South Africa, Germany, and
Austria. This global analysis is both in-depth and expansive in its
coverage of the operation of Ombudsmen across civil and common law
legal systems. The book has two key themes: - The enduring question
of the location and operation of Ombudsmen within public law
systems in a changing state, and - The challenges faced by
Ombudsmen in contemporary governance. This collection adds to the
public law scholarship by addressing a common problem faced by all
avenues of public law review – the evolving nature of modern
public administration.
In this age of statutes and human rights the common law principle
of legality has assumed a central importance. The principle holds
that unless Parliament makes unmistakably clear its intention to
curtail or abrogate a common law right, freedom or principle, the
courts will not construe a statute as having that operation. As
Lord Hoffmann famously observed, this "means that Parliament must
squarely confront what it is doing and accept the political cost".
The principle of legality is now central to the operation of
Australian and New Zealand public law. Yet its content, methodology
and scope remain elusive and has never been examined in detail.
This book fills that gap by drawing together leading judges,
practitioners and scholars to explore a range of interesting issues
and challenges for the application of the principle of legality and
its future trajectory: How does the principle operate? Which rights
and freedoms fall within its scope and why? What is its
relationship to the (so-called) common law bill of rights? Has
proportionality a role to play in its application? How, if at all,
does it differ from the presumption with international law? And in
the construction of statutes does the principle serve to fulfil or
frustrate the will of Parliament?
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