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In this report the Law Commission sets out conclusions from its review of administrative redress in public and private law following consultation (Law Commission consultation paper 187, 2008, ISBN 9780118404532). The aim of the Commission's review was to consider when and how individuals should be able to obtain redress against public bodies that have acted in a substandard way. The report discusses individuals' access to remedies through the courts, as well as through avenues outside the court system, such as the public sector ombudsmen. In examining court-based remedies, the Commission concludes that there are good arguments for reform but, given the level of opposition to its earlier proposals and the absence of available data on the costs of compensation paid by public bodies, work will not be taken forward on reviewing this area of the law. The report does, however, recommend that government should establish a process for collecting and publishing information on the cost of public compensation. The Commission is taking forward its review of the public sector ombudsmen, following a favourable response to its proposals. The scope of the review will be extended and include suggestions for improving citizens' access to the public sector ombudsmen, and increasing the powers of ombudsmen to refer points of law to the courts. The Commission will consult on its proposals for reform of public sector ombudsmen later in 2010 and expects to make final recommendations to government the following year.
The Federal Court of Australia exercises principal trial and intermediate appellate jurisdiction in relation to federal administrative law in Australia, a jurisdiction which is central to the Court's existence and function. Therefore, it was fitting for the Court, together with the Law Council of Australia, to host a conference designed to provoke thought and discussion about contemporary issues in Australian federal administrative law, held in conjunction with the Court's August 2014 judges' conference. The conference brought together some of the best judicial, professional and academic thinkers in administrative law. It was opened with a sparkling and informed comparative presentation by Justice Dennis Davis from the Western Cape High Court of South Africa. Through comprehensive panel reports on each session, this publication gives the reader the flavour of the entire conference, including the lively debates. Nine individual papers are also reproduced, covering the most important current issues in federal administrative law and bringing a variety of perspectives to those issues.
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Introduces the key features of French administrative law and institutions to English-speaking readers.
"The core animating feature of administrative justice scholarship is the desire to understand how justice is achieved through the delivery of public services and the actions, inactions, and decision-making of administrative bodies. The study of administrative justice also encompasses the redress systems by which people can challenge administrative bodies to seek the correction of injustices. For a long time now, scholars have been interested in administrative justice, but without necessarily framing their work as such. Rather than existing under the rubric of administrative justice, much of the research undertaken has existed within sub-categories of disciplines, such as law, sociology, public policy, politics, and public administration. Consequently, although aspects of the topic have attracted rich contributions across such disciplines, administrative justice has rarely been studied or taught in a manner that integrates these areas of research more systematically. This Handbook signals a major change of approach. Drawing together a group of world-leading scholars of administrative justice from a range of disciplines, The Oxford Handbook of Administrative Justice shows how administrative justice is a vibrant, complex, and contested field that is best understood as an area of inquiry in its own right, rather than through traditional disciplinary silos"--
This book is the NSW Bar Association's lecture series on the key issues in judicial review. It emphasises essential learning for the public law practitioner, whether solicitor, barrister or judicial officer, that is not easily accessed elsewhere.The collection opens with Justice Patrick Keane's reflections on the role of the courts in public law processes. It has an overview of the grounds of judicial review by Justice John Basten and 10 other papers: the concept of jurisdictional error by Jeremy Kirk SC; statutory construction and drafting by Peter Quiggin PSM, with a commentary by Justice Nye Perram; evidence in public law cases by Neil Williams SC and Alan Shearer; constitutional and administrative law aspects of tax by Geoffrey Kennett SC and David FC Thomas; satisfaction as a jurisdictional fact by James Hutton; the High Court decision in SZMDS by Theresa Baw; the relevancy grounds and environmental and administrative law by Richard Lancaster SC and Stephen Free.There are also two forward-looking papers, one by Justice Alan Robertson on ARC Report No 50, and the other by Kristina Stern SC on the rationale for the grant of relief by way of judicial review and potential areas for future development.Like the 2018 collection, Key Issues in Public Law, this work is designed to fill a gap in the libraries of judges and practitioners.
Constant changes in administrative law reinforce the need for an up-to-date volume that critically examines the law in its contemporary, as well as historical, context.This third edition assesses the overhaul of the federal and State Freedom of Information legislation in 2009-10, the potential impact of the Human Rights (Parliamentary Scrutiny) Act 2011 (Cth) and the implications of the resignation of the Commonwealth Ombudsman in 2011.It also reviews a string of possibly far-reaching High Court rulings, notably Plaintiff M70/2011(the 'Malaysian Solution' case), Plaintiff M61/2010E (detainees' access to judicial review), Pape v Commissioner of Taxation (emergency fiscal power) and Kirk v Industrial Relations Commission (privative clauses).Taken as a whole, these developments highlight the ever-evolving shape of administrative law. They underscore a central argument of this book - the necessity to examine the content and trajectory of administrative law in its political, administrative and socio-economic settings.This edition is further fashioned from the rewarding experience of teaching administrative law since 1998.
Explores the English origins of the principles of judicial review in common law jurisdictions and autochthonous pressures for their adaptation.
Presents a comprehensive new text on administrative law in Hong Kong; discusses judicial review, administrative tribunals, the Ombudsman and subsidiary legislation.