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Laying Down the Law provides a comprehensive and accessible introduction to the study of law.
Sir Gerard Brennan is a man of principle and compassion, sensitive to constitutional boundaries, a champion of individual rights, and a skilled common lawyer. This book commemorates Sir Gerard's achievements in the field of administrative justice, and reviews his work and life.
A collection of essays which focus on the relationship between judicial review and bureaucratic behaviour.
’Inquisitorial processes’ refers to the inquiry powers of administrative governance and this book examines the use of these powers in administrative law across seven jurisdictions. The book brings together recent developments in mixed inquisitorial-adversarial administrative decision-making on a hitherto neglected area of comparative administrative process and institutional design. Reaching important conclusions about their own jurisdictions and raising questions which may be explored in others, the book's chapters are comparative. They explore the terminology and scope of the concept of inquisitorial process, justifications for the use of inquiry powers, the effectiveness of inquisitorial processes and the implications of the adoption of such powers. The book will set in motion continued dialogue about the inherent challenges of balancing policy goals, fairness, resources and institutional design within administrative law decision-making by offering theoretical, practical and empirical analyses. This will be a valuable book to government policy-makers, administrative law decision-makers, lawyers and academics.
Tribunals are a flexible method of adjudication that hear disputes between citizens and by citizens against government. They come in diverse forms, and their adjudications far outnumber those of courts. For most people, tribunals are the face of justice. Increasing attention is being paid to tribunal procedures, what decisions they can make, and who are appointed as tribunal members. This book provides a contemporary snapshot of tribunals and tribunal jurisprudence in the common law world, with contributions and comparative studies from Australia, Canada, New Zealand and the United Kingdom. Contributions are drawn from a distinguished cast of international tribunal experts, judges and practitioners.
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.
The UN’s capacity as an administrative decision-maker that affects the rights of individuals is a largely overlooked aspect of its role in international affairs. This book explores the potential for a model of administrative justice that might act as a benchmark to which global decision-makers could develop procedural standards. Applied to the UN’s internal justice, refugee status determination, NGO participation and the Security Council, the global administrative justice model is used to appraise the existing procedural protections within UN administrative decision-making.
With the aim of expanding legal scholarly imagination, this Research Agenda takes a tripolar approach to administrative law. It opens the boundaries of administrative law scholarship to new subject areas, exemplifies and opens for consideration several different attitudes to research, and illustrates a multiplicity of different ways of writing about the subject.