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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: 9781509924455
Published: August 2018
Publisher: Hart Publishing
Country of Publication: UK
Format: Paperback (Hardback in 2016)
Price: £43.99
Hardback edition , ISBN13 9781849469913



This is a Print On Demand Title.
The publisher will print a copy to fulfill your order. Books can take between 1 to 3 weeks. Looseleaf titles between 1 to 2 weeks.

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

Judicial Review and Electoral Law in a Global Perspective ISBN 9781509957880
To be published March 2024
Hart Publishing
£95.00
Constitutional Courts, Media and Public Opinion (eBook) ISBN 9781509953615
Published November 2023
Hart Publishing
£85.50
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Constitutional Courts, Media and Public Opinion ISBN 9781509953608
Published November 2023
Hart Publishing
£95.00
The Role of Monarchy in Modern Democracy: European Monarchies Compared ISBN 9781509944552
Published March 2022
Hart Publishing
£32.99
£36.99
The Role of Monarchy in Modern Democracy: European Monarchies Compared (eBook) ISBN 9781509931026
Published September 2020
Hart Publishing
£29.69
(ePub)
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The Role of Monarchy in Modern Democracy: European Monarchies Compared ISBN 9781509931019
Published September 2020
Hart Publishing
£85.00
Australian Constitutional Values
Edited by: Rosalind Dixon
ISBN 9781509939510
Published June 2020
Hart Publishing
£44.99
Governance by Numbers: The Making of a Legal Model of Allegiance
Alain Supiottranslated by Saskia Brown
ISBN 9781509936977
Published March 2020
Hart Publishing
£34.99
The Federal Idea: Public Law Between Governance and Political Life ISBN 9781509935673
Published December 2019
Hart Publishing
£39.99
The Foundations and Traditions of Constitutional Amendment ISBN 9781509934638
Published November 2019
Hart Publishing
£69.99
£44.99
Constitutional Courts, Gay Rights and Sexual Orientation Equality ISBN 9781509932115
Published September 2019
Hart Publishing
£39.99
Principled Reasoning in Human Rights Adjudication ISBN 9781509931323
Published August 2019
Hart Publishing
£39.99
Legitimate Expectations in the Common Law World ISBN 9781509929733
Published May 2019
Hart Publishing
£44.99
Regulation in India: Design, Capacity, Performance (eBook) ISBN 9781509927739
Published April 2019
Hart Publishing
£49.49
(ePub)
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Regulation in India: Design, Capacity, Performance ISBN 9781509927562
Published April 2019
Hart Publishing
£130.00
£69.99
Human Rights in the UK and the Influence of Foreign Jurisprudence (eBook) ISBN 9781509904952
Published September 2018
Hart Publishing
£35.09
(ePub)
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Human Rights in the UK and the Influence of Foreign Jurisprudence ISBN 9781509904945
Published September 2018
Hart Publishing
£90.00
£85.00
Trial by Jury and Counter-Terrorism ISBN 9781849465397
Published August 2018
Hart Publishing
Publication Abandoned
Soft Law and Public Authorities: Remedies and Reform ISBN 9781509922062
Published May 2018
Hart Publishing
£38.99
Administrative Law and Judicial Deference ISBN 9781509921133
Published April 2018
Hart Publishing
£38.99
Australian Constitutional Values ISBN 9781509918409
Published February 2018
Hart Publishing
£100.00
Australian Constitutional Values (eBook) ISBN 9781509918416
Published February 2018
Hart Publishing
£40.49
(ePub)
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Entick v Carrington: 250 Years of the Rule of Law ISBN 9781509918324
Published December 2017
Hart Publishing
£36.99
Governance by Numbers: The Making of a Legal Model of Allegiance ISBN 9781509907748
Published November 2017
Hart Publishing
£90.00
£62.99
(ePub)
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£150.00
The Scope and Intensity of Substantive Review: Traversing Taggart's Rainbow ISBN 9781509917044
Published September 2017
Hart Publishing
£33.99
The Right to Freedom of Assembly: A Comparative Study ISBN 9781509916016
Published August 2017
Hart Publishing
£39.99
The Federal Idea: Public Law Between Governance and Political Life (eBook)
Edited by: Amnon Lev
ISBN 9781509907120
Published August 2017
Hart Publishing
£35.99
(ePub)
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The Federal Idea: Public Law Between Governance and Political Life
Edited by: Amnon Lev
ISBN 9781509907113
Published August 2017
Hart Publishing
£95.00
£150.00
£62.99
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Parliaments and Human Rights: Redressing the Democratic Deficit ISBN 9781509915453
Published June 2017
Hart Publishing
£42.99
£40.49
(ePub)
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£120.00
Constitutional Courts, Gay Rights and Sexual Orientation Equality ISBN 9781782256427
Published May 2017
Hart Publishing
£95.00
£35.99
(ePub)
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Principled Reasoning in Human Rights Adjudication ISBN 9781782259817
Published April 2017
Hart Publishing
£95.00
Principled Reasoning in Human Rights Adjudication (eBook) ISBN 9781782259824
Published April 2017
Hart Publishing
£35.99
(ePub)
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£95.00
£35.99
(ePub)
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Legitimate Expectations in the Common Law World ISBN 9781849467780
Published January 2017
Hart Publishing
£120.00
Legitimate Expectations in the Common Law World (eBook) ISBN 9781509909506
Published January 2017
Hart Publishing
£40.49
(ePub)
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Soft Law and Public Authorities: Remedies and Reform ISBN 9781782256885
Published February 2016
Hart Publishing
£90.00
Soft Law and Public Authorities: Remedies and Reform (eBook) ISBN 9781782256892
Published February 2016
Hart Publishing
£35.09
(ePub)
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Administrative Law and Judicial Deference ISBN 9781849462778
Published January 2016
Hart Publishing
£95.00
Administrative Law and Judicial Deference (eBook) ISBN 9781782253365
Published January 2016
Hart Publishing
£35.09
(ePub)
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Entick v Carrington: 250 Years of the Rule of Law (eBook) ISBN 9781509901944
Published September 2015
Hart Publishing
£33.29
(ePub)
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Entick v Carrington: 250 Years of the Rule of Law ISBN 9781849465588
Published September 2015
Hart Publishing
£90.00
£30.59
(ePub)
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The Scope and Intensity of Substantive Review: Traversing Taggart's Rainbow ISBN 9781849464680
Published June 2015
Hart Publishing
£95.00
The Right to Freedom of Assembly: A Comparative Study (eBook) ISBN 9781782259862
Published May 2015
Hart Publishing
£35.99
(ePub)
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The Right to Freedom of Assembly: A Comparative Study ISBN 9781849467216
Published May 2015
Hart Publishing
£100.00
£38.69
(ePub)
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Parliaments and Human Rights: Redressing the Democratic Deficit ISBN 9781849465618
Published March 2015
Hart Publishing
£100.00
Human Rights Acts: The Mechanisms Compared ISBN 9781849460965
Published February 2015
Hart Publishing
£59.99
Human Rights Acts: The Mechanisms Compared (eBook) ISBN 9781782254843
Published February 2015
Hart Publishing
£53.99
(ePub)
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The Use of Foreign Precedents by Constitutional Judges ISBN 9781849466592
Published June 2014
Hart Publishing
£39.99
Constitutionalising Secession (eBook) ISBN 9781782253310
Published February 2014
Hart Publishing
£85.50
(ePub)
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Constitutionalising Secession ISBN 9781849464376
Published February 2014
Hart Publishing
£95.00
Israeli Constitutional Law in the Making (eBook) ISBN 9781782251859
Published October 2013
Hart Publishing
£144.00
(ePub)
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Israeli Constitutional Law in the Making ISBN 9781849464093
Published October 2013
Hart Publishing
£160.00
The Use of Foreign Precedents by Constitutional Judges (eBook) ISBN 9781782251019
Published March 2013
Hart Publishing
£85.50
(ePub)
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The Use of Foreign Precedents by Constitutional Judges ISBN 9781849462716
Published March 2013
Hart Publishing
£95.00