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This is the first ever index of contributions to common law
Festschriften and fills a serious bibliographic gap in the
literature of the common law. The German word Festschrift is now
the universally accepted term in the academy for a published
collection of legal essays written by several authors to honour a
distinguished jurist or to mark a significant legal event. The
number of Festschriften honouring common lawyers has increased
enormously in the last thirty years. Until now, the numerous
scholarly contributions to these volumes have not been adequately
indexed. This Index fills that bibliographic gap. The entries
included in this work refer to some 296 common law Festschriften
indexed by author, subject keyword, editor, title, honorand and
date. It therefore includes over 5,000 chapter entries. In
addition, there are more than a thousand entries of English
language contributions to predominantly foreign language,
non-common law legal Festschriften from Germany, Austria,
Switzerland, Denmark, Finland, Iceland, Norway and Sweden.
This book of essays celebrates Mark Aronson's contribution to
administrative law. As joint author of the leading Australian text
on judicial review of administrative action, Aronson's work is
well-known to public lawyers throughout the common law world and
this is reflected in the list of contributors from the US, Canada,
Australia, New Zealand and the UK. The introduction comes from
Justice Michael Kirby of the High Court of Australia. The essays
reflect Aronson's interests in judicial review, non-judicial
grievance mechanisms, problems of proof and evidence, and the
boundaries of public and private law. Amongst the contributors,
Peter Cane, Elizabeth Fisher, and Linda Pearson write on
administrative adjudication and decision-making, Anita Stuhmcke
writes on Ombudsmen, and Robin Creyke and John McMillan, the
Commonwealth Ombudsman, write on charters, codes and 'soft law'.
There are evaluations of the profound influence of human rights law
on judicial review from the UK by Sir Jack Beatson and Thomas Poole
and from Canada by David Mullan. Matthew Groves and Chief Justice
James Spigelman address developing themes in judicial review, while
Carol Harlow, Richard Rawlings, Michael Taggart and Janet McLean
follow Aronson's interests into the private side of public law. An
American perspective is added by Alfred Aman and Jack Beermann.
The leading case of The Mayor, Alderman and Burgesses of the Borough of Bradford v Pickles was the first to establish that it is not unlawful for a property owner to exercise his or her property rights maliciously and to the detriment of others, or the public interest. Though controversial at the time, today it is often invisible and taken for granted. This book explores why the common law, in contrast to civil law systems, developed in this way.
During the past decade, administrative law has experienced
remarkable development. It has consistently been one of the most
dynamic and potent areas of legal innovation and of judicial
activism. It has expanded its reach into an ever broadening sphere
of public and private activities. Largely through the mechanism of
judicial review, the judges in several jurisdictions have extended
the ambit of the traditional remedies, partly in response to a
perceived need to fill an accountability vacuum created by the
privatisation of public enterprises, the contracting-out of public
services, and the deregulation of industry and commerce. The essays
in this volume focus upon these and other shifts in administrative
law, and in doing so they draw upon the experiences of several
jurisdictions: the UK, the US, Canada, Australia and New Zealand.
The result is a wide-ranging and forceful analysis of the scope,
development and future direction of administrative law.
During the past decade, administrative law has experienced
remarkable development. It has consistently been one of the most
dynamic and potent areas of legal innovation and of judicial
activism. It has expanded its reach into an ever broadening sphere
of public and private activities. Largely through the mechanism of
judicial review, the judges in several jurisdictions have extended
the ambit of the traditional remedies, partly in response to a
perceived need to fill an accountability vacuum created by the
privatisation of public enterprises, the contracting-out of public
services, and the deregulation of industry and commerce. The essays
in this volume focus upon these and other shifts in administrative
law, and in doing so they draw upon the experiences of several
jurisdictions: the UK, the US, Canada, Australia and New Zealand.
The result is a wide-ranging and forceful analysis of the scope,
development and future direction of administrative law.
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