Exploring Constitutional And Administrative Law

Author: Roger Masterman
Editor: Pearson Education
ISBN: 9781408204184
Size: 13,14 MB
Format: PDF
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This academic text addresses head-on some of the issues many students have with consititutional and administrative law, by using engaging features that are both accessible and rigorous. Contemporary case studies engage the reader by highlighting the legal relevance of each topic, before the black letter law, surrounding academic debate and wider political and economic context are introduced.

Constitutional Administrative Law

Author: Hilaire Barnett
Editor: Taylor & Francis
ISBN: 1315458365
Size: 19,81 MB
Format: PDF, ePub
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Hilaire Barnett’s Constitutional and Administrative Law has provided generations of students with reliable, accessible and comprehensive coverage of the Public Law syllabus. Mapped to the common course outline, it equips students with an understanding of the constitution’s past, present and future by analysing and illustrating the political and socio-historical contexts which have shaped the major legal rules and principles of public law, as well as on-going constitutional reform. The 12th edition will address key recent developments including: The referendum result on the UK’s membership of the EU and its ongoing impact on constitutional and administrative law The continuing process of devolution to the nations Terrorism and national security Future developments, particularly in relation to 'Brexit' will be discussed in regular updates to the companion website.

Textbook On Administrative Law

Author: Peter Leyland
Editor: Oxford University Press
ISBN: 0198713053
Size: 20,72 MB
Format: PDF
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The eighth edition of Textbook on Administrative Law has been substantially revised and updated to provide a concise and topical account of this fast-moving area of law. The guiding theme of this acclaimed textbook is how accountability is achieved through a 'grievance chain' comprising Parliament, informal methods of dispute resolution, ombudsmen, tribunals, and, particularly, by the courts through judicial review. This edition remains as accessible as ever, fully exploring the core areas of the subject and setting them in a contextual framework. In addition to wide-spread recognition as an invaluable core text for LLB and GDL students, Textbook on Administrative Law is a stimulating introduction for postgraduates and for non-law undergraduates with an interest in the field. The book is accompanied by an Online Resource Centre providing a wide range of extra resources to further support students in their studies, including: - Updates in constitutional and administrative law - An extensive range of web links - An interactive timeline of significant public law events throughout history - 'Oxford News Now'- a live feed on topical public law issues, sourced from news websites such as the BBC and Guardian

Assessing Constitutional Performance

Author: Tom Ginsburg
Editor: Cambridge University Press
ISBN: 1316712575
Size: 20,64 MB
Format: PDF, Kindle
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From London to Libya, from Istanbul to Iceland, there is great interest among comparative constitutional scholars and practitioners about when a proposed constitution is likely to succeed. But what does it mean for a constitution to succeed? Are there universal criteria of success, and which apply across the board? Or, is the choice of criteria entirely idiosyncratic? This edited volume takes on the idea of constitutional success and shows the manifold ways in which it can be understood. It collects essays from philosophers, political scientists, empiricists and legal scholars, that approach the definition of constitutional success from many different angles. It also brings together case studies from Africa, Europe, Latin America, the Middle East and Asia. By exploring a varied array of constitutional histories, this book shows how complex ideas of constitutional success play out differently in different contexts and provides examples of how success can be differently defined under different circumstances.

Administrative Law And Governance In Asia

Author: Tom Ginsburg
Editor: Routledge
ISBN: 1135970645
Size: 12,46 MB
Format: PDF, Docs
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This book examines administrative law in Asia, exploring the profound changes in the legal regimes of many Asian states that have taken place in recent years. Political democratization in some countries, economic change more broadly and the forces of globalization have put pressure on the developmental state model, wherein bureaucrats governed in a kind of managed capitalism and public-private partnerships were central. In their stead, a more market-oriented regulatory state model seems to be emerging in many jurisdictions, with emphases on transparency, publicity, and constrained discretion. This book analyses the causes and consequences of this shift from a socio-legal perspective, showing clearly how decisions about the scope of administrative law and judicial review have an important effect on the shape and style of government regulation. Taking a comparative approach, individual chapters trace the key developments in the legal regimes of major states across Asia, including China, Japan, Korea, Malaysia, Taiwan, Hong Kong, Indonesia, Singapore, the Philippines, Thailand and Vietnam. They demonstrate that, in many cases, Asian states have shifted away from traditional systems in which judges were limited in terms of their influence over social and economic policy, towards regulatory models of the state involving a greater role for judges and law-like processes. The book also considers whether judiciaries are capable of performing the tasks they are being given, and assesses the profound consequences the judicialization of governance is starting to have on state policy-making in Asia.

Public Law

Author: Andrew Le Sueur
Editor: Oxford University Press
ISBN: 0198735383
Size: 16,95 MB
Format: PDF, Docs
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Public Law: Text, Cases, and Materials offers a fresh approach to the study of constitutional and administrative law by exploring how the law works in practice. The inclusion of extracts from key cases, government reports and academic articles demonstrates the law in action and the incisive commentary that accompanies them explains the significance of each. The expert authors have distilled their knowledge of the institutions and legal principles into concise, focused prose, and they encourage reflection through regular questions and hypothetical examples. This leading text provides students with a thorough and wide-ranging knowledge of public law, together will a full understanding of the theoretical and political debates in this fascinating and dynamic area of law. Online Resource Centre This book is accompanied by an Online Resource Centre which provides a link to the authors' Twitter feed, web links to useful sites and, for lecturers, a test bank of multiple choice questions with answers and feedback.

Research Handbook On Eu Administrative Law

Author: Carol Harlow
Editor: Edward Elgar Publishing
ISBN: 1784710687
Size: 18,75 MB
Format: PDF, ePub
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Key chapters, written by leading experts across the field, engage with important ongoing debates in the field of EU administrative law, focusing on areas of topical interest such as financial markets, the growing security state and problematic common asylum procedures. In doing so, they provide a summary of what we know, don’t know and ought to know about EU administrative law. Examining the control functions of administrative law and the machinery for accountability, this Research Handbook eloquently challenges areas of authoritarian governance, such as the Eurozone and security state, where control and accountability are weak and tackles the seemingly insoluble question of citizen ‘voice’ and access to policy-making.

Exploring Social Rights

Author: Daphne Barak-Erez
Editor: Bloomsbury Publishing
ISBN: 1847313876
Size: 14,86 MB
Format: PDF, ePub, Docs
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Exploring Social Rights looks into the theoretical and practical implications of social rights. The book is organised in five parts. Part I considers theoretical aspects of social rights, and looks into their place within political and legal theory and within the human rights tradition; Part II looks at the status of social rights in international law, with reference to the challenge of globalisation and to the significance of specific regional regulation (such as the European System); Part III includes discussions of various legal systems which are of special interest in this area (Canada, South Africa, India and Israel); Part IV looks at the content of a few central social rights (such as the right to education and the right to health); and Part V discusses the relevance of social rights to distinct social groups (women and people with disabilities). The articles in the book, while using the category of social rights, also challenge the separation of rights into distinct categories and question the division of rights to 'civil' vs 'social' rights, from a perspective which considers all rights as 'social'. This book will be of interest to anyone concerned with human rights, the legal protection of social rights and social policy. 'Social rights are the stepchildren of the human rights family. Are they really 'rights'? Can courts enforce them? And does it make any difference when they try? This remarkable collection of essays by distinguished scholars offers important new responses to all the basic questions. Ranging across disciplinary and national boundaries and brimming with both theoretical and practical insights, the book is especially welcome in this moment of mounting inequalities and growing interest in the possibilities and perils of social rights.' William E Forbath, Lloyd M Bentsen Chair in Law and Professor of History, University of Texas at Austin 'At the auspicious moment of the sixtieth anniversary of the Universal Declaration of Human Rights, and more than half a century since the beginning of the Human Rights Revolution–a time characterized by the end of the cold war, globalization and privatization, comes this important compilation which critically revisits the international commitment to social rights, and reconceives its core distinguishing principles–from crosscutting comparative, theoretical and practical perspectives–illuminating our commitment to human security.' Ruti Teitel, Ernst Stiefel Professor of Comparative Law, New York Law School. Author, 'Transitional Justice' (OUP 2002)

Separation Of Church And State

Author: Philip HAMBURGER
Editor: Harvard University Press
ISBN: 0674038185
Size: 10,71 MB
Format: PDF, ePub, Mobi
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In a powerful challenge to conventional wisdom, Philip Hamburger argues that the separation of church and state has no historical foundation in the First Amendment. The detailed evidence assembled here shows that eighteenth-century Americans almost never invoked this principle. Although Thomas Jefferson and others retrospectively claimed that the First Amendment separated church and state, separation became part of American constitutional law only much later. Hamburger shows that separation became a constitutional freedom largely through fear and prejudice. Jefferson supported separation out of hostility to the Federalist clergy of New England. Nativist Protestants (ranging from nineteenth-century Know Nothings to twentieth-century members of the K.K.K.) adopted the principle of separation to restrict the role of Catholics in public life. Gradually, these Protestants were joined by theologically liberal, anti-Christian secularists, who hoped that separation would limit Christianity and all other distinct religions. Eventually, a wide range of men and women called for separation. Almost all of these Americans feared ecclesiastical authority, particularly that of the Catholic Church, and, in response to their fears, they increasingly perceived religious liberty to require a separation of church from state. American religious liberty was thus redefined and even transformed. In the process, the First Amendment was often used as an instrument of intolerance and discrimination.

Federal Administrative Law

Author: Gary Lawson
Editor: West Academic Publishing
ISBN: 9781634599078
Size: 13,31 MB
Format: PDF
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This casebook emphasizes current doctrine and its historical evolution in exploring the four basic foundations of federal administrative law: separation of powers, statutorily- and constitutionally-required procedures for agency adjudication and rulemaking, scope of judicial review of agency action, and the availability and timing of judicial review. The book concentrates on federal rather than state administrative law in order to provide the fundamental knowledge and concepts necessary to understand the subject, on the belief that an understanding of federal law can be translated into other settings. The book also maintains the straightforward organization and don't-hide-the-ball presentation that has characterized the book since its inception. The Seventh Edition contains five new principal cases, eight major new note cases, ten shorter new note cases, and updated treatments of all major topics. It also includes a revised Chapter I that includes an extended treatment of statutory interpretation to accommodate the increasing inclusion of Administrative Law in the first-year curriculum.