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Vol 22 No 11 Nov/Dec 2017

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The Law of Contract Damages

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The Appeal of Internal Review: Law, Administrative Justice and the (non-) Emergence of Disputes

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Edited by: David Cowan, Simon Halliday

ISBN13: 9781841133836
ISBN: 1841133833
Published: October 2003
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £60.00



Despatched in 6 to 8 days.

Why do most welfare applicants fail to challenge adverse decisions despite a continuing sense of need? This book addresses this severely under-researched and under-theorised question. Using English homelessness law as their case study, the authors explore why homeless applicants did - but more often did not - challenge adverse decisions by seeking internal administrative review. They draw out from their data a list of the barriers to the take up of grievance rights. Further, by combining extensive interview data from aggrieved homeless applicants with ethnographic data about bureaucratic decision-making, they are able to situate these barriers within the dynamics of the citizen-bureaucracy relationship. Additionally, they point to other contexts which inform applicants' decisions about whether to request an internal review. Drawing on a diverse literature - risk, trust, audit, legal consciousness, and complaints - the authors lay the foundations for our understanding of the (non-)emergence of administrative disputes.

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Subjects:
Constitutional and Administrative Law, Judicial Review
Contents:
List of Tables1. INTRODUCTION2. HOMELESSNESS LAW AND INTERNAL REVIEW IN CONTEXT3. SOUTHFIELD COUNCIL4. BRISFORD COUNCIL5. UNDERSTANDING THE FAILURE TO PURSUE INTERNAL REVIEW6. UNDERSTANDING THE PURSUIT OF INTERNAL REVIEW7. LAWYERS AND OTHER COPING STRATEGIES8. CONCLUSIONBibliography