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Vol 22 No 11 Nov/Dec 2017

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The Law of Contract Damages

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Administrative Law in a Changing State: Essays in Honour of Mark Aronson

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ISBN13: 9781841137872
Published: November 2008
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £90.00



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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 administrative adjudication and decision-making, Anita Stuhmcke writes on Ombudsmen, and Robin Creyke and John McMillan, the Commonwealth Ombudsman, write on charters, codes and 'soft law'. There are evaluations of the profound influence of human rights law on judicial review from the UK by Sir Jack Beatson and Thomas Poole and from Canada by David Mullan. Mathew Groves and Chief Justice James Spigelman address developing themes in judicial review, while Carol Harlow, Richard Rawlings, Michael Taggart and Janet McLean follow Aronson's interests into the private side of public law. An American perspective is added by Alfred Aman and Jack Beermann.

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Subjects:
Constitutional and Administrative Law
Contents:
Introduction, by Michael Kirby AC, CMG
1. Between the Devil and the Deep Blue Sea: Administrative Law in an Age of Rights Thomas Poole
2. Common Law and Statute Law in US Federal Administrative Law Jack M Beermann
3. The Surrogacy Principle and Motherhood Statements in Administrative Law Matthew Groves
4. Interpretative Obligations as Constitutional Tools Jack Beatson
5. The Canadian Charter of Rights and Freedoms: A 'Direct Driver' of Judicial Review of Administrative Action in Canada? David Mullan
6. The Equitable Origins of the Improper Purpose Ground J J Spigelman AC
7. The Crown in the Courts: Can Political Theory Help? Janet McLean
8. Common Law Price Control, State-Owned Enterprises and The Level Playing Field Michael Taggart
9. Politics, Policy and Outsourcing in the United States: The Role of Administrative Law Alfred C Aman, Jr
10. Poetic Justice: Public Contracting and the Case of the London Tube Richard Rawlings
11. A Punitive Role for Tort Law? Carol Harlow
12. Understanding Administrative Adjudication Peter Cane
13. Fact-Finding in Administrative Tribunals Linda Pearson
14. Administrative Law, Pluralism and the Legal Construction of Merits Review in Australian Environmental Courts and Tribunals Elizabeth Fisher
15. Ombudsmen and Integrity Review Anita Stuhmcke
16. Soft Law v Hard Law Robin Creyke and John McMillan