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This major collection contains selected papers from the third
Public Law Conference, an international conference hosted by the
University of Melbourne in July 2018. The collection includes
contributions by leading academics and senior judges from across
the common law world, including Australia, Canada, New Zealand, the
United Kingdom and the United States. The collection explores the
frontiers of public law, examining cutting-edge issues at the
intersection of public law and other fields. The collection
addresses four principal frontiers: public law and international
law; public law and indigenous peoples; public law and other
domestic fields, specifically criminal law and private law; and
public law and public administration. In common with the two books
from the previous Public Law Conferences, this collection offers
authoritative insights into the most important issues emerging in
public law, and is essential reading for those working in the
field.
This book brings together past and present law commissioners,
judges, practitioners, academics and law reformers to analyse the
past, present and future of the Law Commissions in the United
Kingdom and beyond. Its internationally recognised authors bring a
wealth of experience and insight into how and why law reform does
and should take place, covering statutory and non-statutory reform
from national and international perspectives. The chapters of the
book developed from papers given at a conference to mark the
fiftieth anniversary of the Law Commissions Act 1965.
This major collection contains selected papers from the third
Public Law Conference, an international conference hosted by the
University of Melbourne in July 2018. The collection includes
contributions by leading academics and senior judges from across
the common law world, including Australia, Canada, New Zealand, the
United Kingdom and the United States. The collection explores the
frontiers of public law, examining cutting-edge issues at the
intersection of public law and other fields. The collection
addresses four principal frontiers: public law and international
law; public law and indigenous peoples; public law and other
domestic fields, specifically criminal law and private law; and
public law and public administration. In common with the two books
from the previous Public Law Conferences, this collection offers
authoritative insights into the most important issues emerging in
public law, and is essential reading for those working in the
field.
The Law Commission (of England and Wales) and the Scottish Law
Commission were both established in 1965 to promote the reform of
the laws of their respective jurisdictions. Since then, they have
each produced hundreds of reports across many areas of law. They
are independent of government yet rely on governmental funding and
governmental approval of their proposed projects. They also rely on
both government and Parliament (and, occasionally, the courts or
other bodies) to implement their proposals. This book examines the
tension between independence and implementation and recommends how
a balance can best be struck. It proposes how the Commissions
should choose their projects given that their duties outweigh their
resources, and how we should assess the success, or otherwise, of
their output. Countries around the world have created law reform
bodies in the Commissions' image. They may wish to reflect on the
GB Commissions' responses to the changes and challenges they have
faced to reappraise their own law reform machinery. Equally, the GB
Commissions may seek inspiration from other commissions'
experiences. The world the GB Commissions inhabit now is very
different from when they were established. They have evolved to
remain relevant in the face of devolution, the UK's changing
relationship with the European Union, increasing pressure for
accountability and decreasing funding. Further changes to secure
the future of independent law reform are advanced in this book.
This major collection contains selected papers from the second
Public Law Conference, an international conference hosted by the
University of Cambridge in September 2016. The collection includes
contributions by leading academics and judges from across the
common law world, including senior judges from Australia, Canada,
New Zealand and the UK. The contributions engage with the theme of
unity (and disunity) from a number of perspectives, offering a rich
panoply of insights into public law which significantly carry
forward public law thinking across common law jurisdictions,
setting the agenda for future research and legal development. Part
1 of the volume contains chapters which offer doctrinal and
theoretical perspectives. Some chapters seek to articulate a
unifying framework for understanding public law, while others seek
to demonstrate the plurality of public law through the method of
legal taxonomy. A number of chapters analyse whether different
fields such as human rights and administrative law are merging,
with others considering specific unifying themes or concepts in
public law. The chapters in Part 2 offer comparative perspectives,
charting and analysing convergence and divergence across common law
systems. Specific topics include standing, proportionality, human
rights, remedies, use of foreign precedents, legal transplants, and
disunity and unity among subnational jurisdictions. The collection
will be of great interest to those working in public law.
This major collection contains selected papers from the second
Public Law Conference, an international conference hosted by the
University of Cambridge in September 2016. The collection includes
contributions by leading academics and judges from across the
common law world, including senior judges from Australia, Canada,
New Zealand and the UK. The contributions engage with the theme of
unity (and disunity) from a number of perspectives, offering a rich
panoply of insights into public law which significantly carry
forward public law thinking across common law jurisdictions,
setting the agenda for future research and legal development. Part
1 of the volume contains chapters which offer doctrinal and
theoretical perspectives. Some chapters seek to articulate a
unifying framework for understanding public law, while others seek
to demonstrate the plurality of public law through the method of
legal taxonomy. A number of chapters analyse whether different
fields such as human rights and administrative law are merging,
with others considering specific unifying themes or concepts in
public law. The chapters in Part 2 offer comparative perspectives,
charting and analysing convergence and divergence across common law
systems. Specific topics include standing, proportionality, human
rights, remedies, use of foreign precedents, legal transplants, and
disunity and unity among subnational jurisdictions. The collection
will be of great interest to those working in public law.
The Law Commission (of England and Wales) and the Scottish Law
Commission were both established in 1965 to promote the reform of
the laws of their respective jurisdictions. Since then, they have
each produced hundreds of reports across many areas of law. They
are independent of government yet rely on governmental funding and
governmental approval of their proposed projects. They also rely on
both government and Parliament (and, occasionally, the courts or
other bodies) to implement their proposals. This book examines the
tension between independence and implementation and recommends how
a balance can best be struck. It proposes how the Commissions
should choose their projects given that their duties outweigh their
resources, and how we should assess the success, or otherwise, of
their output. Countries around the world have created law reform
bodies in the Commissions' image. They may wish to reflect on the
GB Commissions' responses to the changes and challenges they have
faced to reappraise their own law reform machinery. Equally, the GB
Commissions may seek inspiration from other commissions'
experiences. The world the GB Commissions inhabit now is very
different from when they were established. They have evolved to
remain relevant in the face of devolution, the UK's changing
relationship with the European Union, increasing pressure for
accountability and decreasing funding. Further changes to secure
the future of independent law reform are advanced in this book.
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