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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.
This important book focuses on how newly emerging institutions for future generations can contribute to tackling large scale global environmental problems, such as threats to biodiversity and climate change. It is especially timely given the new global impetus for decarbonisation, as well as the huge growth of climate litigation and climate protest movements, often led by young people.
Legal ethics is often described as an oxymoron or contradiction in terms - lay people find the concept amusing and lawyers can find ethics impossible. The best lawyers are those who have come to grips with their own values and actively seek to improve their ethical practise. This book is designed to help law students and new lawyers understand and modify their own ethical priorities, not just because this knowledge makes it easier to practise law and earn an income, but because self-aware, ethical legal practice is right and feels better than anything else. Packed with case studies of ethical scandals and dilemmas from real life legal practice in Australia, each chapter delves into the most difficult issues lawyers face. From lawyers' part in corporate fraud to the ethics of time-based billing, Parker and Evans expose the values that underlie current practice and set out the alternatives ethical lawyers might follow.
Military justice is changing rapidly due to both domestic and international influences. This book explains what is happening and why.
The exercise of public power by the military in civilian Western democracies such as Australia and the United States demonstrates a tendency toward diminished responsibility for moral behavior. Pauline Collins argues that a different system of military criminal investigation and discipline outside the civilian justice system enables the military to operate like a coterie and can lead to a failure in the requisite moral standard of behavior required of military personnel and maintaining civilian institutional control. Collins argues that the justifications for separate treatment weakens both the military reputation and the practice of civilian control of the military as well as leading to an overall decline in morality and values in a democratic society.
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This book offers a unique understanding of what administrative justice means in Wales and for Wales, whilst also providing an expert and timely analysis of comparative developments in law and administration. It includes critical analysis of distinctly Welsh administrative laws and redress measures, whilst examining contemporary administrative justice issues across a range of common and civil law, European and international jurisdictions. Key issues include the roles of commissioners, administrative courts, tribunals and ombudsmen in devolved and federal nations, and evolving relationships between citizens and the state – especially in the context of localisation and austerity – and will be of interest to legal and public administration professionals at home and internationally.
This book contains an excellent overview of the status and highlights of brilliant light facilities and their applications in biology, chemistry, medicine, materials and environmental sciences. Overview papers on diverse fields of research by leading experts are accompanied by the highlights in the near and long-term perspectives of brilliant X-Ray photon beam usage for fundamental and applied research.
Commitment and cooperation on high courts -- How do judges decide? -- Planting the seed : choosing high court judges -- Who hears the particular appeal? -- Do judges care about others? -- Slipping through the screen: how do courts choose the cases they hear? -- The influence of the parties on judges : accuracy or affiliation? -- Norms, leadership, and consensus
Civil-military relations establishes the civilian control over the military to protect democratic values. This book argues analysis of the CMR is distorted by the absence of consideration of the judicial arm, with the ‘civil’ seen as referring only to the executive and/or legislature. The civil courts approach to military discipline and the impact that has for CMR within — the United Kingdom, United States and Australia is investigated. The author concludes that by including the courts in the development of CMR theory militarisation of the civilian domain is discouraged. A paradigm shift acknowledging the fundamental role of all three organs of government in liberal democracies, for control of States’ power is essential for genuine civilian oversight.