| Description |
1 online resource |
| Physical Medium |
polychrome |
| Description |
text file |
| Bibliography |
Includes bibliographical references and index. |
| Note |
Contributions based on a Public Law conference in September 2014 at the University of Cambridge. |
| Contents |
Foreword ; Contents ; Contributors ; Table of Cases ; Table of Legislation ; 1. Introduction ; I. The Chapters ; II. Acknowledgements ; 2. Public Reason and Administrative Legitimacy ; I. Introduction ; II. Public Reason and its Critics ; III. Why Public Reason is Necessary ; IV. Triumph and Tragedy of Administrative Rationality ; 3. Administrative Law: A Values-based Approach ; I. Introduction ; II. Administrative Law Values ; III. Values and Doctrinal Rules ; IV. Institutional Considerations ; V. Conclusion. |
|
4. The Public Interest Conception of Public Law: Its Procedural Origins and Substantive Implications I. Introduction ; II. Public Interest Conception ; III. Legacy of the Public Interest Conception ; IV. Conclusions ; 5. Process, Substance and the History of Error of Law Review ; I. Introduction ; II. Development of Certiorari to Quash ; III. Evidence in Certiorari Proceedings ; IV. Certiorari, Affidavits and the Concept of Jurisdiction ; V. Twentieth-century Developments in Error of Law Review. |
|
VI. Re-evaluating the Distinction Between Jurisdictional and Non-Jurisdictional Errors of Law VII. Conclusion ; 6. The Growth of Substantive Review: The Changes, their Causes and their Consequences ; I. Introduction ; II. Process, Substance and Quality ; III. Expansion of Substantive Review ; IV. Judicial Review's Mission Creep ; V. Some Reasons for Expansion ; VI. Possible Consequences of Expanding Substantive Review ; VII. Conclusions ; 7. 'Blasphemy Against Basics': Doctrine, Conceptual Reasoning and Certain Decisions of the UK Supreme Court ; I. Invention of the Common Law. |
|
II. The Law as the Judge's Only Master III. What are 'Like Cases'? ; IV. The Inevitability of Injustice ; V. Minerva's Preference for Certainty ; VI. Judicial Review of the Upper Tribunal: Is the Law the Master in the Supreme Court? ; VII. Malleable Boundary Between Law and Fact ; VIII. Finding a Hook ; IX. An Alternative View: Fidelity to Doctrine ; X. Concluding Remarks ; 8. The Legitimacy of Expectations About Fairness: Can Process and Substance be Untangled? ; I. Introduction ; II. Modern Expansion of the Duty to Act Fairly ; III. Reasons for Fairness. |
|
IV. Expectations, Estoppel and Fairness V. Rejection of Estoppel in Australian Public Law ; VI. Conclusion ; 9. Judicial Review of Delegated Legislation: Why Favour Substantive Review over Procedural Review? ; I. Introduction ; II. Review of Delegated Legislation: Legitimacy Questions ; III. Procedural Review ; IV. Substantive Review ; V. Options for Correcting the Imbalance ; VI. Conclusion ; 10. Transubstantiation in Canadian Public Law: Processing Substance and Instantiating Process ; I. Introduction. |
| Summary |
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. |
| Local Note |
eBooks on EBSCOhost EBSCO eBook Subscription Academic Collection - North America |
| Subject |
Common law -- Congresses.
|
|
Common law. |
|
Public law -- Congresses.
|
|
Public law. |
|
Administrative law -- Congresses.
|
|
Administrative law. |
|
Comparative law -- Congresses.
|
|
Comparative law. |
|
Constitutional & administrative law. |
|
LAW -- Essays. |
|
LAW -- General Practice. |
|
LAW -- Jurisprudence. |
| Genre/Form |
Electronic books.
|
|
Conference papers and proceedings.
|
|
Electronic books.
|
|
Conference papers and proceedings.
|
| Added Author |
Bell, John, 1953- editor.
|
|
Elliott, Mark, 1975- editor.
|
|
Varuhas, Jason, editor.
|
|
Murray, Philip (Law teacher), editor.
|
| Other Form: |
Print version: Public law adjudication in common law systems 9781849469913 (DLC) 2015042843 (OCoLC)927241638 |
| ISBN |
9781849469920 (electronic book) |
|
184946992X (electronic book) |
|
9781849469937 (electronic book) |
|
1849469938 (electronic book) |
|
9781849469944 |
|
1849469946 |
|
1849469911 |
|
9781849469913 |
|
9781849469913 |
|
