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Vol 21 No 10 Oct/Nov 2016

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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

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Israeli Constitutional Law in the Making ISBN 9781849464093
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