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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.
Law and Public Administrative in Ireland provides a comprehensive account of an area of law which is conceptually difficult. In examining the key themes and concepts of Irish administrative law, along with the application to real cases, the book clarifies and enlivens this crucial area of law. It provides an up-to-date analysis of the core grounds of judicial review, incorporating landmark post-Celtic Tiger era decisions concerning procedural fairness. Underlining the ever evolving nature of administrative law, the book evaluates recent refinements to traditional concepts and distinctions, such as the borderline between an error of law and an error of fact, legitimate expectation, and the obligation to take relevant matters into account. The rising importance of the European legal instruments receives a direct examination, with the book charting the emerging use of the Charter of Fundamental Rights of the European Union and the European Convention on Human Rights, and how international perspectives have impacted traditional concepts and approaches to the subject. Law and Public Administrative in Ireland displays the breadth and diversity of Irish administrative law, supplying an analysis of many legislative reforms and legal innovations which followed Ireland's economic downturn. The book explores both the law and the factors informing it, looking at the policy choices which have shaped the Irish administrative State. It reflects upon the efforts to strengthen parliamentary scrutiny over the administrative state as well as critically reviewing the role of non-judicial bodies, including the Office of the Ombudsman and Public Inquiries. The landmark reform of the institutional structures of local government in the Local Government Reform Act 2014, including changes to the planning and development, are analyzed for the first time. The book provides an account of this complex area of law which is both accessible and contextual, making it an invaluable text for both students and academics. The scope of the material covered is highly relevant to those studying administrative law.
First published in 1996. Routledge is an imprint of Taylor & Francis, an informa company.
Electoral Law in Ireland guides the reader through the labyrinthine regulation of electoral law in Ireland from the creation and registration of parties, through to administrative issues with funding, lobbying, political advertising through to issues regarding ethical aspects of political life such as Standards and Ethics in Public Office. Since the foundation of the State there have been 61 acts and 287 statutory instruments dealing with the regulation of political activities in Ireland. The legislation deals with everything from creating a party, to donations through to the regulation of elections and referendums. A comprehensive understanding of this complex legislation is vital to those working in politics and to those who wish to gain greater understanding of political regulation in Ireland. This book also deals with the major challenges and issues such as lobbying regulation and political advertising concerns.
With dynamic learning features and visual aids, the Inside Series helps you make the most of your study time, throughout the semester and as you prepare for the final. Unlike heavily abridged treatises, the Inside Series is carefully written in a concise, straightforward style that clearly identifies the essential components of the law and how they fit together. You can quickly learn what is important and why. Overviews and Tables of Contents in each chapter act as a roadmap to guide you through topics, showing you how each relates to the larger legal framework. FAQs clarify points of law and help you avoid common mistakes and misconceptions. Sidebars give fascinating additional detail from legal history, policy, famous cases and more. The graphic design supports your visual learning, and features such as bolded key terms, summaries, and Connections help reinforce your understanding while giving you ample opportunity for self-review. Surprisingly concise, visually compelling, the Inside Series is extremely useful throughout the semester to help you identify the essential components of the law and how they fit together. Comprehensive coverage of the essential topics emphasizes what you need to know and why. Clear, straightforward, informal writing explains every topic for you without over-simplifying the concepts. Overviews and Tables of Contents in each chapter act as a roadmap to guide you through topics, showing you why each matters and how it fits into the larger framework of the law. FAQs clarify points of law and help you avoid common mistakes and misconceptions. Sidebars enrich the text with fascinating detail from legal history, policy, famous cases and more. Bolded key terms, Connections and summaries reinforce your understanding and give you ample opportunity for self-review. The overall graphical design of the series supports your visual learning.
Administrative Law in Ireland 4e - Student version now available Due to popular demand, this new, student version of the 4th edition of Administrative Law in Ireland has been streamlined and tailored to meet the requirements of students by David Gwynn Morgan. It has also been updated to include any significant changes that have arisen in the two years since the practitioner version was published in 2010. The student version is a clear and comprehensive explanation and analysis of Irish administrative law. It is an invaluable resource for students and practitioners alike. Key benefits of the student version: * Sharper focus on ideas, principles and examinable topics, which have been clearly set out to assist the student coming to the subject for the first time * Accessible coverage of the concepts that are at the heart of administrative law such as:the rule of Law, that is, governance being conducted in an open, consistent and accessible way Judicial review of administrative action, including reasonableness, ultra vires, as compared with "rights-based" control, and the centrality of fair procedure in governmental administration * Institutions of government including the civil service, local authorities, the Ombudsman, An Bord Pleanála, tribunals of inquiry and commissions of investigation * Thoroughly updated since the practitioner version - now includes: post-Meadows case law; reconfiguration of departments following the 2011 Election; changes to the application for judicial review (2011) Includes coverage of challenging areas such as: * The various sources of law, including regulations, as well as so-called "soft law" such as codes, circulars and guidelines * The structure of a government department; the balance of authority and accountability as between minister and civil servants; selection and removal of civil servants * Local government and planning * Licensing and regulation * The independence of tribunals and other public bodies * The Ombudsman * Commissions of investigation * Rules regulating the delegation of statutory authority * Fair procedure, including constitutional justice and article 6.1 of the ECHR * The duty to give reasons, under both the Constitution and the Freedom of Information Acts 1997-2003 * Control of discretionary power from Wednesbury to Meadows, with likely future developments * Practical consequences of an invalid administrative action * Damages for torts of public bodies * The notion of "public law" as a separate jurisdiction CONTENTS * Sources Of Administrative Law * The Dail, Ministers, Departments and Civil Servants * Public Bodies * Local Government and Planning Law * Tribunals * General Principles of Licensing * Public Inquiries * The Public Service Ombudsman * Fundamental principles of Judicial Review I * Fundamental Principles of Judicial Review II * Fair Procedure * The Principle Against Bias * The Right to be Heard: Audi Alteram Partem * Control of Discretionary Powers * Application for Judicial Review * The Scope of Public Law * Damages in Tort * Legitimate Expectation * The State in Litigation ABOUT THE AUTHOR David Gwynn Morgan is (Emeritus) Professor of Law at University College, Cork
This Handbook explores the main themes and topics of the emerging field of Global Administrative Law with contributions by leading scholars and experts from universities and organizations around the world. The variety of the subjects addressed and the internationality of the Handbook’s perspectives make for a truly global and multi-dimensional view of the field. The book first examines the growth of global administrations, their interactions within global networks, the emergence of a global administrative process, and the development of the rule of law and democratic principles at a global level. It goes on to illustrate the relationship between global law and other legal orders, with particular attention to regional systems and national orders. The final section, devoted to the emergence of a global legal culture, brings the book full circle by identifying the growth of a global epistemic community. The Research Handbook on Global Administrative Law provides a contemporary overview of the nascent field in detailed yet accessible terms, making it a valuable book for university courses. Academics and scholars with an interest in international law, administrative law, public law, and comparative law will find value in this book, as well as legal professionals involved with international and supranational organizations and national civil servants dealing with supranational organizations.
Ronald Dworkin once imagined law as an empire and judges as its princes. But over time, the arc of law has bent steadily toward deference to the administrative state. Adrian Vermeule argues that law has freely abandoned its imperial pretensions, and has done so for internal legal reasons. In area after area, judges and lawyers, working out the logical implications of legal principles, have come to believe that administrators should be granted broad leeway to set policy, determine facts, interpret ambiguous statutes, and even define the boundaries of their own jurisdiction. Agencies have greater democratic legitimacy and technical competence to confront many issues than lawyers and judges do. And as the questions confronting the state involving climate change, terrorism, and biotechnology (to name a few) have become ever more complex, legal logic increasingly indicates that abnegation is the wisest course of action. As Law’s Abnegation makes clear, the state did not shove law out of the way. The judiciary voluntarily relegated itself to the margins of power. The last and greatest triumph of legalism was to depose itself.
"75 years of the Constitution of Ireland: An Irish-Italian Dialogue is a unique work which explores several core themes relating to the evolution and the achievements of the Constitution of Ireland of 1937. A distinctive feature of 75 years of the Constitution of Ireland: An Irish-Italian Dialogue is the comparative approach taken by several leading Italian scholars of public and constitutional law and their approach to different themes of the Irish Constitutional, checking the nature and implementation of the pertinent constitutional provisions and comparing them with the experiences of other European States. Irish Constitutional scholars continue this dialogue in a work which covers all the most important areas of public law: civil liberties, form of government, public administration and constitutional principles"----P. [4] of cover.