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In the modern administrative state, hundreds if not thousands of
officials wield powers that can be used to the benefit or detriment
of individuals and corporations. When the exercise of these powers
is challenged, a great deal can be at stake. Courts are confronted
with difficult questions about how to apply the general principles
of administrative law in different contexts. Based on a comparative
theoretical analysis of the allocation of authority between the
organs of government, A Theory of Deference in Administrative Law
provides courts with a methodology to apply no matter how complex
the subject matter. The firm theoretical foundation of deference is
fully exposed and a comprehensive doctrine of curial deference is
developed for application by courts in judicial review of
administrative action. A wide scope is urged, spanning the whole
spectrum of government regulation, thereby ensuring wide access to
public law remedies.
For centuries, courts across the common law world have developed
systems of law by building bodies of judicial decisions. In
deciding individual cases, common law courts settle litigation and
move the law in new directions. By virtue of their place at the top
of the judicial hierarchy, courts at the apex of common law systems
are unique in that their decisions and, in particular, the language
used in those decisions, resonate through the legal system.
Although both the common law and apex courts have been studied
extensively, scholars have paid less attention to the relationship
between the two. By analyzing apex courts and the common law from
multiple angles, this book offers an entry point for scholars in
disciplines related to law - such as political science, history,
and sociology - who are seeking a deeper understanding and new
insights as to how the common law applies to and is relevant within
their own disciplines.
Around the common law world, the law of judicial review of
administrative action has changed dramatically in recent decades,
accelerating a centuries-long process of incremental evolution.
This book offers a fresh framework for understanding the core
features of contemporary administrative law. Through comparative
analysis of case law from Australia, Canada, England, Ireland, and
New Zealand, the author develops an interpretive approach by
reference to four values: individual self-realisation, good
administration, electoral legitimacy, and decisional autonomy. The
interaction of this plurality of values explains the structure of
the vast field of judicial review of administrative action:
institutional structures, procedural fairness, substantive review,
remedies, restrictions on remedies, and the scope of judicial
review. Addressing this wide array of subjects in detail, the book
demonstrates how a pluralist approach, with the values being
employed in a complementary and balanced fashion, can enhance our
understanding of administrative law. Furthermore, such an approach
can guide the future development of the law of judicial review of
administrative action, a point illustrated by a careful analysis of
the unsettled doctrinal area of legitimate expectation. The book
closes by arguing that the author's values-based, pluralist
framework supports the legitimacy of contemporary administrative
law which, although sometimes called into question, facilitates the
flourishing of individuals, of public administration, and of the
liberal democratic system.
The year 2017 marked the 150th anniversary of Confederation and the
1867 Constitution Act. Anniversaries like these are often seized
upon as opportunities for retrospection. This volume, by contrast,
takes a distinctively forward-looking approach. Featuring essays
from both emerging and established scholars, The Canadian
Constitution in Transition reflects on the ideas that will shape
the development of Canadian constitutional law in the decades to
come. Moving beyond the frameworks that previous generations used
to organize constitutional thinking, the scholars in this volume
highlight new and innovative approaches to perennial problems, and
seek new insights on where constitutional law is heading. Featuring
fresh scholarship from contributors who will lead the
constitutional conversation in the years ahead - and who represent
the gender, ethnic, linguistic, and demographic make-up of
contemporary Canada - The Canadian Constitution in Transition
enriches our understanding of the Constitution of Canada, and uses
various methodological approaches to chart the course toward the
bicentennial.
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Meantime (DVD)
Marion Bailey, Phil Daniels, Tim Roth, Pam Ferris, Gary Oldman, …
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R245
Discovery Miles 2 450
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Ships in 10 - 17 working days
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East London, the early 1980s. Frank Pollack (Jeff Robert) and his
sons Mark and Colin (Phil Daniels and Tim Roth) are all unemployed.
The situation seems hopeless, and things are made worse when
Colin's Auntie Barbara (Marion Bailey) tries to help out by
offering him some decorating work, an act which arouses Mark's
jealousy and ultimately effects everyone in the family. Directed by
Mike Leigh and also featuring Gary Oldman as Colin's skinhead mate
Coxy.
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