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Understanding Administrative Law in the Common Law World
A new framework for understanding contemporary administrative law, through a comparative analysis of case law from Australia, Canada, England, Ireland, and New Zealand. The author argues that the field is structured by four values: individual self-realisation, good administration, electoral legitimacy and decisional autonomy.
Understanding Administrative Law in the Common Law World
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: ins...
Straight Shooter
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A Culture of Justification
Canadian administrative law was bedevilled for many decades by uncertainty and confusion. In 2019, the Supreme Court of Canada sought to bring this chaos to an end in its landmark decision Canada (Minister of Citizenship and Immigration) v Vavilov. In A Culture of Justification, Paul Daly builds a framework for understanding why several previous reform efforts failed and assesses the proposition that Vavilov might very well succeed in providing a roadmap to a brighter future. This engaging, in-depth study of one of the most important areas of Canadian law shows readers how a newly emerged “culture of justification” allows courts and citizens to insist on the reasoned exercise of public power by the administrative state.
A Theory of Deference in Administrative Law
Paul Daly develops a theory concerning the appropriate allocation of authority between courts and administrative bodies.
A Theory of Deference in Administrative Law
Paul Daly develops a theory concerning the appropriate allocation of authority between courts and administrative bodies.
Researching Public Law in Common Law Systems
This original book fills a significant gap in legal literature by providing an exploration of research methodologies in public law; a field of research in which research methods are becoming increasingly prominent and sophisticated. Featuring thoughtful chapters written by leading scholars in the field, this book provides a thorough explanation of the key features, characteristics, and challenges of distinct methodological approaches to public law research.
Apex Courts and the Common Law
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.
Making the Difference?
In 2011, on the cusp of its centenary year, the Labour Party recorded its greatest ever electoral success, with 37 TDs elected and a President. In doing so the party has succeeded, temporarily at least, in breaking free from the old two-and-a-half party system. But, why, for its first century, did Labour struggle to match its ambition? This series of essays to mark the party's centenary assesses the challenges facing Labour in a deeply conservative country, where echoes of civil war and Catholic Church hegemony have dominated the political landscape. Leading writers from the fields of journalism, history and social reform examine the failings, splits and contradictions of Ireland's oldest political party alongside the social and economic achievements to which the Labour Party lays claim. Contributors: Ivana Bacik; Michael Laffan; Ronan O'Brien; Stephen Collins; David McCullagh; Eunan O'Halpin; Paul Daly; Ciara Meeha;n Niamh Puirseil; Diarmaid Ferriter; William Mulligan; Kevin Rafter; Eamon Gilmore; William Murphy ;Jane Suiter. All royalties to Barnardos.
Australian Public Law
Introduces students to key principles, concepts, institutions in Australian Public Law, provides solid foundation for study of constitutional & administrative law. Explained through analysis of mechanisms of power & control, including discussions of functioning of institutions of government & contemporary issues. Authors at Uni of Adelaide.
