Public law adjudication in common law systems : process and substance / [edited by] John Bell, Mark Elliott, Jason NE Varuhas and Philip Murray.

Format:

Book

Contributor:

Bell, John, 1953- editor.

Elliott, Mark, 1975- editor.

Murray, Philip (Law teacher), editor.

Varuhas, Jason, editor.

Language:

English

Subjects (All):

Administrative law--Congresses.

Administrative law.

Common law--Congresses.

Common law.

Comparative law--Congresses.

Comparative law.

Public law--Congresses.

Public law.

Physical Description:

1 online resource (445 p.)

Place of Publication:

Oxford ; Portland, Oregon : Hart Publishing, 2016.

Language Note:

English

Summary:

This volume arises from the inaugural Public Law Conference hosted in September 2014 by the Centre for Public Law at the University of Cambridge, which brought together leading public lawyers from a number of common law jurisdictions. While those from such jurisdictions share background understandings, significant differences within the common law world create opportunities for valuable exchanges of ideas and debate. This collection draws upon one of the principal sub-themes that emerged during the conference - namely, the the way in which relationships and distinctions between the notions of 'process' and 'substance' play out in relation to and inform adjudication in public law cases. The essays contained in this volume address those issues from a variety of perspectives. While the bulk of the chapters consider topical issues in judicial review, either on common law or human rights grounds, or both, other chapters adopt more theoretical, historical, empirical or contextual approaches. Concluding chapters reflect generally on the papers in the collection and the value of facilitating cross-jurisdictional dialogue

Contents:

Public reason and administrative legitimacy

Jerry L. Mashaw

Administrative law : a values-based approach

Paul Daly

The public interest conception of public law : its procedural origins and substantive implications

Jason N.E. Varuhas

Process, substance and the history of error of law review

Philip Murray

The growth of substantive review : the changes, their causes and their consequences

Mark Aronson

'Blasphemy against basics' : doctrine, conceptual reasoning and certain decisions of the UK Supreme Court

Christopher Forsyth

The legitimacy of expectations about fairness : can process and substance be untangled?

Matthew Groves and Greg Weeks

Judicial review of delegated legislation : why favour substantive review over procedural review?

Andrew Edgar

Transubstantiation in Canadian public law : processing substance and instantiating process

Mary Liston

Is judicial review qualitative?

Alan Robertson

Remedies for laws that violate human rights

Kent Roach

'Striking back' and 'clamping down' : an alternative perspective on judicial review

Carol Harlow and Richard Rawlings

The use and effects of judicial review : assumptions and the empirical evidence

Maurice Sunkin and Varda Bondy

Common law public law : some comparative reflections

Cheryl Saunders

Comparison, realism and theory in public law

David Feldman.

Notes:

Contributions based on a Public Law conference in September 2014 at the University of Cambridge.

Includes bibliographical references and index.

ISBN:

9781849469944

1849469946

9781849469920

184946992X

OCLC:

938557140