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Vol 22 No 7 July/August 2017

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Soft Law and Public Authorities: Remedies and Reform


ISBN13: 9781782256885
Published: February 2016
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £65.00



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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.

Subjects:
Constitutional and Administrative Law, Judicial Review
Contents:
1. Introduction

PART I: THE RISE OF SOFT LAW: DEFINITIONS AND ISSUES
2. Defining Soft Law
3. The Regulatory Purpose of Soft Law
4. The Regulatory Effect of Soft Law

PART II: COURT-BASED REMEDIES
5. Remedies Premised on Invalidity: The Province of Judicial Review
6. Procedural Judicial Review Remedies
7. Substantive Judicial Review Remedies
8. Court-based Remedies: Compensation not Premised on Invalidity
9. Private Law Liability: Example 1
10. Private Law Liability and Remedies: Example 2

PART III: NON-JUDICIAL REMEDIES
11. The Ombudsman
12. Discretionary Payments
13. Conclusions

Series: Hart Studies in Comparative Public Law

Human Rights in the UK and the Influence of Foreign Jurisprudence ISBN 9781509904945
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Australian Constitutional Values ISBN 9781509918409
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Entick v Carrington: 250 Years of the Rule of Law ISBN 9781509918324
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Comparative Federalism: Constitutional Arrangements and Case Law ISBN 9781509901494
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£100.00
The Scope and Intensity of Substantive Review: Traversing Taggart's Rainbow ISBN 9781509917044
To be published September 2017
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£27.99
The Right to Freedom of Assembly: A Comparative Study ISBN 9781509916016
To be published August 2017
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£32.99
The Federal Idea: Public Law Between Governance and Political Life
Edited by: Amnon Lev
ISBN 9781509907113
Published August 2017
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£70.00
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Parliaments and Human Rights: Redressing the Democratic Deficit ISBN 9781509915453
Published June 2017
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Constitutional Courts, Gay Rights and Sexual Orientation Equality ISBN 9781782256427
Published May 2017
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Principled Reasoning in Human Rights Adjudication (eBook) ISBN 9781782259824
Published April 2017
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Principled Reasoning in Human Rights Adjudication ISBN 9781782259817
Published April 2017
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£65.00
£70.00
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Legitimate Expectations in the Common Law World (eBook) ISBN 9781509909506
Published January 2017
Hart Publishing
£66.66 + £13.33 VAT
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Legitimate Expectations in the Common Law World ISBN 9781849467780
Published January 2017
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£80.00
Soft Law and Public Authorities: Remedies and Reform (eBook) ISBN 9781782256892
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£75.00
£49.99 + £10.00 VAT
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£62.49 + £12.50 VAT
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Administrative Law and Judicial Deference (eBook) ISBN 9781782253365
Published January 2016
Hart Publishing
£54.16 + £10.83 VAT
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Administrative Law and Judicial Deference ISBN 9781849462778
Published January 2016
Hart Publishing
£65.00
Entick v Carrington: 250 Years of the Rule of Law ISBN 9781849465588
Published September 2015
Hart Publishing
£60.00
Entick v Carrington: 250 Years of the Rule of Law (eBook) ISBN 9781509901944
Published September 2015
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£49.99 + £10.00 VAT
(ePub)
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The Scope and Intensity of Substantive Review: Traversing Taggart's Rainbow ISBN 9781849464680
Published June 2015
Hart Publishing
£65.00
£45.82 + £9.17 VAT
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The Right to Freedom of Assembly: A Comparative Study ISBN 9781849467216
Published May 2015
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£68.00
The Right to Freedom of Assembly: A Comparative Study (eBook) ISBN 9781782259862
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£27.49 + £5.50 VAT
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£29.16 + £5.83 VAT
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Parliaments and Human Rights: Redressing the Democratic Deficit ISBN 9781849465618
Published March 2015
Hart Publishing
£75.00
Human Rights Acts: The Mechanisms Compared ISBN 9781849460965
Published January 2015
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£38.99
The Use of Foreign Precedents by Constitutional Judges ISBN 9781849466592
Published June 2014
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£32.99
Constitutionalising Secession ISBN 9781849464376
Published February 2014
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Constitutionalising Secession (eBook) ISBN 9781782253310
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Israeli Constitutional Law in the Making ISBN 9781849464093
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Israeli Constitutional Law in the Making (eBook) ISBN 9781782251859
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The Use of Foreign Precedents by Constitutional Judges (eBook) ISBN 9781782251019
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The Use of Foreign Precedents by Constitutional Judges ISBN 9781849462716
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Trial by Jury and Counter-Terrorism ISBN 9781849465397

Hart Publishing
Publication Abandoned