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Administrative Law in a Changing State
This book of essays celebrates Mark Aronson's contribution to administrative law. As joint author of the leading Australian text on judicial review of administrative action, Aronson's work is well-known to public lawyers throughout the common law world and this is reflected in the list of contributors from the US, Canada, Australia, New Zealand and the UK. The introduction comes from Justice Michael Kirby of the High Court of Australia. The essays reflect Aronson's interests in judicial review, non-judicial grievance mechanisms, problems of proof and evidence, and the boundaries of public and private law. Amongst the contributors, Peter Cane, Elizabeth Fisher, and Linda Pearson write on admi...
Federal Administrative Law
Federal administrative law is a vast expanse of statutory provisions and case law. This text aims to map these provisions, setting out the case and statute law in a structured and amenable way. Federal Administrative Law commences with discussion of the composition, powers and decision-making processes of the executive government. Then it covers the major remedies available for those who are dissatisfied by a decision of the executive government - reasons for decision, access to information under FOI legislation, judicial review, appeal to the Administrative Appeals Tribunal, review by the Ombudsman, remaking a decision, collateral review and special review. Enright also engages with the per...
Soft Law and Public Authorities
This book considers the phenomenon of soft law employed by domestic public authorities. Lawyers have long understood that public authorities are able to issue certain communications in a way that causes them to be treated like law, even though these are neither legislation nor subordinate legislation. Importantly for soft law as a regulatory tool, people tend to treat soft law as binding even though public authorities know that it is not. It follows that soft law's 'binding' effects do not apply equally between the public authority and those to whom it is directed. Consequently, soft law is both highly effective as a means of regulation, and inherently risky for those who are regulated by it. Rather than considering soft law as a form of regulation, this book examines the possible remedies when a public authority breaches its own soft law upon which people have relied, thereby suffering loss. It considers judicial review remedies, modes of compensation which are not based upon a finding of invalidity, namely tort and equity, and 'soft' challenges outside the scope of the courts, such as through the Ombudsman or by seeking an ex gratia payment.
Legal Culture, Legality and the Determination of the Grounds of Judicial Review of Administrative Action in England and Australia
This book presents a navigating framework of legal culture and legality to facilitate a comprehensive understanding of the English and Australian determination of the grounds of judicial review. This book facilitates tangible process of how and why jurisdictional error, jurisdictional fact, proportionality and substantive legitimate expectations are debatable in English law, while they are either completely rejected or firmly entrenched in Australian law. This book argues that these differences are not just random. Legality is not just a fig-leaf, but is profoundly rooted in legal systems’ legal culture; hence, it dictates the way in which courts empower, justify, constrain or limit the sc...
Government Accountability – Australian Administrative Law
The second edition of Government Accountability: Australian Administrative Law offers an accessible and practical introduction to administrative law in Australia. The text introduces the legal principles that regulate the exercise of power by public authorities and explains the legal mechanisms that exist to remedy failures, with an emphasis on the overarching principle of accountability. Thoroughly revised and updated to incorporate recent changes to case law and legislation, this edition offers expanded, contemporary material on public investigatory bodies, information disclosure, administrative review tribunals, the limits on juridical review, and procedural fairness. Updated case examples throughout illustrate the practical operation of these principles and assist readers to connect theory with practice. Government Accountability provides readers with a concise introduction to the contexts, theory and application of administrative law and arms students with the knowledge and skills to successfully analyse and assess the decisions and actions of public authorities.
Once a Fan...
The collected articles, essays, and fannish non-fiction of Hugo-Award-winning author Mike Resnick.
London American
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American Jewish Year Book
Issues for 1900/01- include report of the 12th- year of the Jewish Publication Society of America, 1890-1900- (issued also separately in some year); issues for 1908/09- include Report of the American Jewish Committee for 1906/08- (issued also separately in some years).
