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Vol 22 No 8 August/Sept 2017

Book of the Month

Cover of STEP: A Practical Guide to the Transfer of Trusteeships

STEP: A Practical Guide to the Transfer of Trusteeships

Edited by: Richard Williams, Arabella Murphy, Toby Graham
Price: £110.00

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Public Law Adjudication in Common Law Systems: Process and Substance

Edited by: John Bell, Mark Elliott, Jason Varuhas, Philip Murray

ISBN13: 9781849469913
Published: February 2016
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £75.00



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This volume arises from the inaugural Public Law Conference hosted in September 2014 by the Centre for Public Law at the University of Cambridge.

This brought together leading public lawyers from different common law jurisdictions, providing for the first time a comparative analysis of process and substance in public law adjudication in common law systems. While those from common law jurisdictions share background understandings, significant differences between such systems create opportunities for valuable exchanges of ideas and debate.

The majority of the chapters consider topical issues in judicial review. Chapters adopting a theoretical perspective explore the trend towards conceptualising administrative law in terms of ‘public reason’; elaborate a values-based framework for analysing administrative law; and propound a public interest conception of public law.

Chapters adopting a contextual or empirical approach consider the impact of public law adjudication on government, and governmental responses to judicial decisions. Other chapters consider how procedure and substantive law have interacted historically in the field of judicial review. Concluding chapters reflect generally on the papers in the collection and the value of facilitating cross-jurisdictional dialogue.

Subjects:
Constitutional and Administrative Law, Judicial Review
Contents:
1. Introduction John Bell, Mark Elliott, Jason NE Varuhas and Philip Murray
2. Public Reason and Administrative Legitimacy Jerry L Mashaw
3. Administrative Law: A Values-based Approach Paul Daly
4. The Public Interest Conception of Public Law: Its Procedural Origins and Substantive Implications Jason NE Varuhas
5. Process, Substance and the History of Error of Law Review Philip Murray
6. The Growth of Substantive Review: The Changes, their Causes and their Consequences Mark Aronson
7. 'Blasphemy Against Basics' : Doctrine, Conceptual Reasoning and Certain Decisions of the UK Supreme Court Christopher Forsyth
8. The Legitimacy of Expectations About Fairness: Can Process and Substance be Untangled? Matthew Groves and Greg Weeks
9. Judicial Review of Delegated Legislation: Why Favour Substantive Review over Procedural Review? Andrew Edgar
10. Transubstantiation in Canadian Public Law: Processing Substance and Instantiating Process Mary Liston
11. Is Judicial Review Qualitative? Alan Robertson
12. Remedies for Laws that Violate Human Rights Kent Roach
13. 'Striking Back' and 'Clamping Down': An Alternative Perspective on Judicial Review Carol Harlow and Richard Rawlings
14. The Use and Effects of Judicial Review: Assumptions and the Empirical Evidence Maurice Sunkin and Varda Bondy
15. Common Law Public Law: Some Comparative Reflections Cheryl Saunders
16. Comparison, Realism and Theory in Public Law David Feldman

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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Governance by Numbers: The Making of a Legal Model of Allegiance ISBN 9781509907748
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The Scope and Intensity of Substantive Review: Traversing Taggart's Rainbow ISBN 9781509917044
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The Right to Freedom of Assembly: A Comparative Study ISBN 9781509916016
Published August 2017
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The Federal Idea: Public Law Between Governance and Political Life
Edited by: Amnon Lev
ISBN 9781509907113
Published August 2017
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The Federal Idea: Public Law Between Governance and Political Life (eBook)
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ISBN 9781509907120
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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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£65.00
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
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Legitimate Expectations in the Common Law World (eBook) ISBN 9781509909506
Published January 2017
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Legitimate Expectations in the Common Law World ISBN 9781849467780
Published January 2017
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Soft Law and Public Authorities: Remedies and Reform (eBook) ISBN 9781782256892
Published February 2016
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Soft Law and Public Authorities: Remedies and Reform ISBN 9781782256885
Published February 2016
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Administrative Law and Judicial Deference (eBook) ISBN 9781782253365
Published January 2016
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Administrative Law and Judicial Deference ISBN 9781849462778
Published January 2016
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Entick v Carrington: 250 Years of the Rule of Law (eBook) ISBN 9781509901944
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Entick v Carrington: 250 Years of the Rule of Law ISBN 9781849465588
Published September 2015
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The Scope and Intensity of Substantive Review: Traversing Taggart's Rainbow ISBN 9781849464680
Published June 2015
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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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The Right to Freedom of Assembly: A Comparative Study ISBN 9781849467216
Published May 2015
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£68.00
Parliaments and Human Rights: Redressing the Democratic Deficit ISBN 9781849465618
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Human Rights Acts: The Mechanisms Compared ISBN 9781849460965
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The Use of Foreign Precedents by Constitutional Judges ISBN 9781849466592
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Constitutionalising Secession (eBook) ISBN 9781782253310
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Constitutionalising Secession ISBN 9781849464376
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Israeli Constitutional Law in the Making (eBook) ISBN 9781782251859
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Israeli Constitutional Law in the Making ISBN 9781849464093
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The Use of Foreign Precedents by Constitutional Judges ISBN 9781849462716
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The Use of Foreign Precedents by Constitutional Judges (eBook) ISBN 9781782251019
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Trial by Jury and Counter-Terrorism ISBN 9781849465397

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Publication Abandoned