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This is a lively collection of essays by an internationally distinguished group of the world's most respected administrative lawyers. It is a timely work as public law in the United Kingdom is at an extremely interesting stage in its long development. A period of unprecedented expansion in the judicial review jurisdiction and the growing legal impact of membership of the European Community provide an incentive to reflect upon and consolidate existing learning, and assess how public law doctrine and scholarship will progress into the new millenium. There has also been a recent burgeoning of theoretical public law scholarship and the development of more critical and socio-legal approaches to the subject of law and administration. This book takes account of all these factors, and also reflects the international dimension of administrative law issues. The essays are written in honour of Sir Wlliam Wade, who was Professor of English at St John's College Oxford, Rouse Ball Professor of English Law at the University of Cambridge and Master of Gonville and Caius College Cambridge. He is one of the leading scholars of his generation and is justly credited for having contributed hugely to the development of administrative law in Britain through his text Administrative Law (OUP) but also through the Hamlyn lectures and through his work as a member of the English bar, his lectures throughout the world and numerous articles, notes and essays.
Alastair Hudson’s Equity and Trusts is an ideal textbook for undergraduate courses on the law of trusts and equitable remedies. It provides a clear, current and comprehensive account of the subject. The author’s enthusiasm and expertise shine through, helping to bring to life an area of the law which students often find challenging. This Ninth Edition has been extensively re-written but remains the same book in spirit as it has always been. It contains an analysis of the important decisions of the Supreme Court in FHR European Ventures v Cedar Capital, Jones v Kernott, and Williams v Central Bank of Nigeria, and the important decisions in Charity Commission v Framjee, Rawstron v Freud, Patel v Mirza, Federal Republic of Brazil v Durant, Hodkin, Novoship v Mihaylyuk, National Crime Agency v Robb, St Andrews (Cheam) Lawn Tennis Club, the after-effects of the Lehman Brothers collapse; and analysis of many other new cases besides. Equity and Trusts remains the most comprehensive and up-to-date coverage of the law of Equity and Trusts, while still a lively and thoughtful account of the issues raised by it. This book has been cited as being authoritative in the courts of numerous countries. The ninth edition is supported by the author's website at www.alastairhudson.com with brand new resources including: • short podcasts discussing and clarifying key topics from within the book, which cover an entire course; • complete lecture recordings made specifically to accompany this book; • New video documentaries bringing to life selected key topics; • A host of other online materials and study guides new for 2016. Review of a previous edition: ‘One of the book’s great strengths is its clear exposition of some very difficult areas of the law, moving seamlessly from points that puzzle students to points that puzzle practitioners. Other strengths are the breadth of its approach, the fact that it is extremely up to date, the freshness and vividness of its approach and its willingness to place equity in a wider context . . . The student will enjoy a clear, lively and challenging account of the subject matter. The practitioner will find the book well worth consulting for its clear exposition of the basic principles and of their application in difficult areas.’ – New Law Journal.
本书收录涉及劳动就业、劳动合同、劳动报酬、劳动安全、劳动监察等领域的相关法律、行政法规、部门规章和司法解释。
This book tackles the relationship between the common law of judicial review, the written constitution and public international law.
'Beatson, Matthews & Elliot's Administrative Law' combines extracts from key cases, articles and other sources with detailed commentary. Aimed at undergraduates studying administrative law, it provides comprehensive coverage of the subject.
This major collection contains selected papers from the second Public Law Conference, an international conference hosted by the University of Cambridge in September 2016. The collection includes contributions by leading academics and judges from across the common law world, including senior judges from Australia, Canada, New Zealand and the UK. The contributions engage with the theme of unity (and disunity) from a number of perspectives, offering a rich panoply of insights into public law which significantly carry forward public law thinking across common law jurisdictions, setting the agenda for future research and legal development. Part 1 of the volume contains chapters which offer doctrinal and theoretical perspectives. Some chapters seek to articulate a unifying framework for understanding public law, while others seek to demonstrate the plurality of public law through the method of legal taxonomy. A number of chapters analyse whether different fields such as human rights and administrative law are merging, with others considering specific unifying themes or concepts in public law. The chapters in Part 2 offer comparative perspectives, charting and analysing convergence and divergence across common law systems. Specific topics include standing, proportionality, human rights, remedies, use of foreign precedents, legal transplants, and disunity and unity among subnational jurisdictions. The collection will be of great interest to those working in public law.
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: institutional structures, procedural fairness, substantive review, remedies, restrictions on remedies, and the scope of judicial review. Addressing this wide array of subjects in detail, the book demonstrates how a pluralist approach, with the values being employed in a complementary and balanced fashion, can enhance our understanding of administrative law. Furthermore, such an approach can guide the future development of the law of judicial review of administrative action, a point illustrated by a careful analysis of the unsettled doctrinal area of legitimate expectation. The book closes by arguing that the author's values-based, pluralist framework supports the legitimacy of contemporary administrative law which, although sometimes called into question, facilitates the flourishing of individuals, of public administration, and of the liberal democratic system.
Contains a full account of administrative law in the context of social, political and economic forces shaping the law.
The proportionality principle has become ever more important in European law and elsewhere. The career of the principle has attracted considerable attention from legal practitioners, legal theorists and political scientists alike, but the debate so far has been quite fragmented. In this new book the author offers a broad and systematic analysis of the proportionality principle. Discussing and comparing proportionality analysis as applied by European courts in part one of the book, the author proceeds to contrast proportionality analysis with alternative assessment schemes. In the third part of the book the author reaches beyond doctrinal reconstructions as he deciphers the functions of proportionality jurisprudence. In view of the various facets of proportionality analysis the author departs from the asserted infringement of a legally protected position by some regulatory act, proceeds to discuss the legitimacy of this intervention and undertakes an analysis of its suitability, appropriateness and necessity. According to the author, the safe grounds of proportionality means-ends rationality do not suffice where the legitimacy of an infringement has to be assessed, where conflicting values have to be “balanced” or where courts engage in a proportionality analysis “stricto sensu”. In the concluding remarks, the author proposes how proportionality analysis may be structured in order to better secure the legitimacy of the analysis.
This volume arises from the inaugural Public Law Conference hosted in September 2014 by the Centre for Public Law at the University of Cambridge, which brought together leading public lawyers from a number of common law jurisdictions. While those from such jurisdictions share background understandings, significant differences within the common law world create opportunities for valuable exchanges of ideas and debate. This collection draws upon one of the principal sub-themes that emerged during the conference – namely, the the way in which relationships and distinctions between the notions of 'process' and 'substance' play out in relation to and inform adjudication in public law cases. The essays contained in this volume address those issues from a variety of perspectives. While the bulk of the chapters consider topical issues in judicial review, either on common law or human rights grounds, or both, other chapters adopt more theoretical, historical, empirical or contextual approaches. Concluding chapters reflect generally on the papers in the collection and the value of facilitating cross-jurisdictional dialogue.