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Foundations of English Administrative Law
"Supposing that an Englishman felt himself hurt by the illegal action of a government official, what could he do? Could he challenge the official action in court with a view to stopping it or obtaining redress for his wrong? Could this be done promptly and easily? In the years 1600-1750, two new legal remedies - new modes of proceeding in the courts - were developed which gave the aggrieved subject quicker and easier relief from illegal action by officials", Miss Henderson writes. These two new remedies, the writs of mandamus and certiorari, are the basis for modern Anglo-American administrative law. Miss Henderson traces the development of mandamus and certiorari in England in the seventeenth and early eighteenth centuries. She gives us first a picture of the structure of local government, both in country and town, pointing out the areas where injustice might occur because of the citizen's inability to hold the local officials accountable. She describes in detail the development of the doctrine of limited judicial review, which was partly implicit in the older remedy of prohibition and common-law suits, and was made explicit in the new remedies of mandamus and certiorari.
The Victorian Taxpayer and the Law
This book traces the development, re-evaluation and subsequent recasting of legal safeguards regarding the imposition and administration of taxes.
Legal Foundations of Tribunals in Nineteenth Century England
Nineteenth-century governments faced considerable challenges from the rapid, novel and profound changes in social and economic conditions resulting from the industrial revolution. In the context of an increasingly sophisticated and complex government, from the 1830s the specialist and largely lay statutory tribunal was conceived and adopted as the principal method of both implementing the new regulatory legislation and resolving disputes. The tribunal's legal nature and procedures, and its place in the machinery of justice, were debated and refined throughout the Victorian period. In examining this process, this 2007 book explains the interaction between legal constraints, social and economic demand and political expediency that gave rise to this form of dispute resolution. It reveals the imagination and creativity of the legislators who drew on diverse legal institutions and values to create the new tribunals, and shows how the modern difficulties of legal classification were largely the result of the institution's nineteenth-century development.
The Usurer's Daughter
In a bold and brilliantly persuasive series of moves, Lorna Hutson draws upon new historicist and feminist theories to examine closely Renaissance literature and the cultural impact of the humanist project. The Usurer's Daughter: * provides startling new readings of Shakespeare * takes an entirely new approach to classical scholarship * focuses attention on the central importance of the history of the representation of women * illuminates how social relations between men were textualised during the early modern period.
The British and Their Laws in the Eighteenth Century
New analysis and interpretation of law and legal institutions in the "long eighteenth century". Law and legal institutions were of huge importance in the governance of Georgian society: legislation expanded the province of administrative authority out of all proportion, while the reach of the common law and its communal traditions of governance diminished, at least outside British North America. But what did the rule of law mean to eighteenth-century people, and how did it connect with changing experiences of law in all their bewildering complexity?This question has received much recent critical attention, but despite widespread agreement about Law's significance as a key to unlock so much w...
The Law's Conscience
The Law's Conscience is a history of equity in Anglo-American juris-prudence from the inception of the chancellor's court in medieval England to the recent civil rights and affirmative action decisions of the United States Supreme Court. Peter Hoffer argues that equity embodies a way of looking at law, including constitutions, based on ideas of mutual fairness, public trusteeship, and equal protection. His central theme is the tension between the ideal of equity and the actual availability of equitable remedies. Hoffer examines this tension in the trusteeship constitutionalism of John Locke and Thomas Jefferson; the incorporation of equity in the first American constitutions; the antebellum controversy over slavery; the fortunes of the Freedmen's Bureau after the Civil War; the emergence of the doctrine of "Balance of Equity" in twentieth-century public-interest law; and the desegregation and reverse discrimination cases of the past thirty-five years. Brown v. Board of Education (1954) was the most important equity suit in American history, and Hoffer begins and ends his book with a new interpretation of its lessons.
Dismembering the Body Politic
This is a major survey of how towns were governed in late Stuart and early Hanoverian England. A new kind of politics emerged out of England's Civil War: partisan politics. This happened first in the corporations governing the towns, and not at Parliament as is usually argued. Based on an examination of the records of scores of corporations, this book explains how war unleashed a cycle of purge and counter-purge which continued for decades. It also explains how a society that feared a system of politics based on division found the means to absorb it peacefully. As conflict sharpened in communities everywhere, local competitors turned to the court of King's Bench to resolve their differences. In doing so, they prompted the court to develop a new body of law that protected local governments from the divisive impulses within them.
A.V. Dicey and the Common Law Constitutional Tradition
Offers a distinctive account of the rule of law and legislative sovereignty within the work of Albert Venn Dicey.
