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Vol 25 No 2 Feb/March 2020

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Soft Law and Public Authorities: Remedies and Reform


ISBN13: 9781509922062
Published: May 2018
Publisher: Hart Publishing
Country of Publication: UK
Format: Paperback (Hardback in 2016)
Price: £33.99
Hardback edition , ISBN13 9781782256885



Low stock.

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

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The Right to Freedom of Assembly: A Comparative Study ISBN 9781509916016
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The Federal Idea: Public Law Between Governance and Political Life (eBook)
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Soft Law and Public Authorities: Remedies and Reform (eBook) ISBN 9781782256892
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Soft Law and Public Authorities: Remedies and Reform ISBN 9781782256885
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Administrative Law and Judicial Deference ISBN 9781849462778
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Entick v Carrington: 250 Years of the Rule of Law (eBook) ISBN 9781509901944
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The Right to Freedom of Assembly: A Comparative Study (eBook) ISBN 9781782259862
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The Right to Freedom of Assembly: A Comparative Study ISBN 9781849467216
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