Judicial Review Handbook

Judicial Review Handbook

In this third edition, the author offers a compendium of the source material structured around 63 unique legal principles supported by an extensive selection of reported case quotations.

Author: Michael Fordham

Publisher: Hart Publishing

ISBN: STANFORD:36105060995599

Category: Law

Page: 1339

View: 414

In this third edition, the author offers a compendium of the source material structured around 63 unique legal principles supported by an extensive selection of reported case quotations. It also includes essential procedural rules, forms and guidance, including the new pre-action protocol.
Categories: Law

Judicial Review Handbook

Judicial Review Handbook

This reference work provides the reader with an up-to-date and extensive overview of the vast amount of primary law relating to judicial review.

Author: Michael Fordham

Publisher:

ISBN: STANFORD:36105060943185

Category: Judicial review

Page: 701

View: 426

This reference work provides the reader with an up-to-date and extensive overview of the vast amount of primary law relating to judicial review. This important area of law concerns the High Court's function as a watchdog over the decision-making process of public bodies in England and Wales, for example government agencies and public authorities. The handbook is structured around 50 principles which are, in turn, supported and expanded by commentary, cases and supplementary material.
Categories: Judicial review

Judicial Review Handbook

Judicial Review Handbook

The Judicial Review Handbook in action: “I have obtained particular assistance
from ... the very full citations in the third edition (2001) of Judicial Review
Handbook ... Fordham's survey ... appears to me to give a useful summary of
where we ...

Author: Michael Fordham QC

Publisher: Bloomsbury Publishing

ISBN: 9781847317957

Category: Law

Page: 920

View: 698

Writing in the sixth edition of this Handbook, author Michael Fordham described his ambition when writing the first edition (and indeed all subsequent editions) of this book as "to read as many judicial review cases as I could and to try to extract, classify and present illustrations and statements of principle". Behind this aim lay the practitioner's overwhelming need to know and understand the case-law. Without it, as Fordham says "much can be achieved in public law through instinct, experience and familiarity with general principles which are broad, flexible and designed to accord with common sense". But with knowledge of the case law comes the vital ability to be able to point to and rely on an authoritative statement of principle and working illustration. Knowing the case-law is crucial: "the challenge is to find it". This, the sixth edition of the Handbook, continues the tradition established by earlier editions, in rendering the voluminous case-law accessible and knowable. This Handbook remains an indispensable source of reference and a guide to the case-law in judicial review. Established as an essential part of the library of any practitioner engaged in public law cases, the Judicial Review Handbook offers unrivalled coverage of administrative law, including, but not confined to, the work of the Administrative Court and its procedures. Once again completely revised and up-dated, the sixth edition approximates to a restatement of the law of judicial review, organised around 63 legal principles, each supported by a comprehensive presentation of the sources and an unequalled selection of reported case quotations. It also includes essential procedural rules, forms and guidance issued by the Administrative Court. As in the previous edition, both the Civil Procedure Rules and Human Rights Act 1998 feature prominently as major influences on the shaping of the case-law. Their impact, and the plethora of cases which explore their meaning and application, were fully analysed and evaluated in the previous edition, but this time around their importance has grown exponentially and is reflected in even greater attention being given to their respective roles. Attention is also given to another new development - the coming into existence of the Supreme Court. Here Michael Fordham casts an experienced eye over the Court's work in the area of judicial review, and assesses the early signs from a Court that is expected to be one of the key influences in the development of judicial review in the modern era. The author, a leading member of the English public law bar, has been involved in many of the leading judicial review cases in recent years and is the founding editor of the Judicial Review journal. "...an institution for those who practise public law...it has the authority that comes from being compiled by an author of singular distinction". (Lord Woolf, from the Foreword to the Fifth Edition)
Categories: Law

The New Zealand Judicial Review Handbook

The New Zealand Judicial Review Handbook

THE NEW ZEALAND JUDICIAL REVIEW HANDBOOK is a text that offers a comprehensive treatment of the law and practice of judicial review in New Zealand, recognising that New Zealand has developed a rich body of indigenous judicial review case ...

Author: Matthew Smith (LL. M.)

Publisher:

ISBN: 0864727313

Category: Judicial review of administrative acts

Page: 1268

View: 390

THE NEW ZEALAND JUDICIAL REVIEW HANDBOOK is a text that offers a comprehensive treatment of the law and practice of judicial review in New Zealand, recognising that New Zealand has developed a rich body of indigenous judicial review case law. It is written for the busy reader - the judge, lawyer, teacher, or student who needs quick and convenient access to judicial review propositions and counter-propositions. Importantly, it also provides users with the full range of case law "answers" to the questions they have - helping readers to find the best solution in their particular legal context. Jurisdiction: New Zealand.
Categories: Judicial review of administrative acts

Judicial Review Handbook

Judicial Review Handbook

Writing in the sixth edition of this Handbook, author Michael Fordham described his ambition when writing the first edition (and indeed all subsequent editions) of this book as "to read as many judicial review cases as I could and to try to ...

Author: Michael Fordham QC

Publisher: Hart Publishing

ISBN: 1849461597

Category: Law

Page: 896

View: 830

Writing in the sixth edition of this Handbook, author Michael Fordham described his ambition when writing the first edition (and indeed all subsequent editions) of this book as "to read as many judicial review cases as I could and to try to extract, classify and present illustrations and statements of principle". Behind this aim lay the practitioner's overwhelming need to know and understand the case-law. Without it, as Fordham says "much can be achieved in public law through instinct, experience and familiarity with general principles which are broad, flexible and designed to accord with common sense". But with knowledge of the case law comes the vital ability to be able to point to and rely on an authoritative statement of principle and working illustration. Knowing the case-law is crucial: "the challenge is to find it". This, the sixth edition of the Handbook, continues the tradition established by earlier editions, in rendering the voluminous case-law accessible and knowable. This Handbook remains an indispensable source of reference and a guide to the case-law in judicial review. Established as an essential part of the library of any practitioner engaged in public law cases, the Judicial Review Handbook offers unrivalled coverage of administrative law, including, but not confined to, the work of the Administrative Court and its procedures. Once again completely revised and up-dated, the sixth edition approximates to a restatement of the law of judicial review, organised around 63 legal principles, each supported by a comprehensive presentation of the sources and an unequalled selection of reported case quotations. It also includes essential procedural rules, forms and guidance issued by the Administrative Court. As in the previous edition, both the Civil Procedure Rules and Human Rights Act 1998 feature prominently as major influences on the shaping of the case-law. Their impact, and the plethora of cases which explore their meaning and application, were fully analysed and evaluated in the previous edition, but this time around their importance has grown exponentially and is reflected in even greater attention being given to their respective roles. Attention is also given to another new development - the coming into existence of the Supreme Court. Here Michael Fordham casts an experienced eye over the Court's work in the area of judicial review, and assesses the early signs from a Court that is expected to be one of the key influences in the development of judicial review in the modern era. The author, a leading member of the English public law bar, has been involved in many of the leading judicial review cases in recent years and is the founding editor of the Judicial Review journal. "...an institution for those who practise public law...it has the authority that comes from being compiled by an author of singular distinction". (Lord Woolf, from the Foreword to the Fifth Edition)
Categories: Law

Comparative Judicial Review

Comparative Judicial Review

This book serves as a single point of entry for legal scholars and practitioners interested in understanding the field of comparative judicial review in its broader political and social context.

Author: Erin F. Delaney

Publisher: Edward Elgar Publishing

ISBN: 9781788110600

Category: Law

Page: 464

View: 121

Constitutional courts around the world play an increasingly central role in day-to-day democratic governance. Yet scholars have only recently begun to develop the interdisciplinary analysis needed to understand this shift in the relationship of constitutional law to politics. This edited volume brings together the leading scholars of constitutional law and politics to provide a comprehensive overview of judicial review, covering theories of its creation, mechanisms of its constraint, and its comparative applications, including theories of interpretation and doctrinal developments. This book serves as a single point of entry for legal scholars and practitioners interested in understanding the field of comparative judicial review in its broader political and social context.
Categories: Law

The Oxford Handbook of U S Judicial Behavior

The Oxford Handbook of U  S  Judicial Behavior

The Handbook also explores the impact of judges' personal attributes and preferences, as well as prevailing legal doctrine, influence, and shape case outcomes in state and federal courts.

Author: Lee Epstein

Publisher: Oxford University Press

ISBN: 9780199579891

Category: Political Science

Page: 592

View: 160

The Oxford Handbook of U.S. Judicial Behavior offers readers a comprehensive introduction and analysis of research regarding decision making by judges serving on federal and state courts in the U.S. Featuring contributions from leading scholars in the field, the Handbook describes and explains how the courts' political and social context, formal institutional structures, and informal norms affect judicial decision making. The Handbook also explores the impact of judges' personal attributes and preferences, as well as prevailing legal doctrine, influence, and shape case outcomes in state and federal courts. The volume also proposes avenues for future research in the various topics addressed throughout the book. Consultant Editor for The Oxford Handbooks of American Politics George C. Edwards III.
Categories: Political Science

Judicial Handbook on Environmental Law

Judicial Handbook on Environmental Law

"This handbook is intended to enable national judges in all types of tribunals in both civil law and common law jurisdictions to identify environmental issues coming before them and to be aware of the range of options available to them in ...

Author: Dinah Shelton

Publisher: UNEP/Earthprint

ISBN: 9789280725551

Category: Business & Economics

Page: 131

View: 387

"This handbook is intended to enable national judges in all types of tribunals in both civil law and common law jurisdictions to identify environmental issues coming before them and to be aware of the range of options available to them in interpreting and applying the law. It seeks to provide judges with a practical guide to basic environmental issues that are likely to arise in litigation. It includes information on international and comparative environmental law and references to relevant cases."--P. iii.
Categories: Business & Economics

Complete Handbook on Judicial Review

Complete Handbook on Judicial Review

A. The "fathers" of the country intended the Supreme Court to have the power of
judicial review. 1. foe members of the constitutional convention favored judicial
review. a. An overwhelming majority of them went on record £ one time or
another ...

Author:

Publisher:

ISBN: MINN:31951001568734L

Category: Constitutional law

Page: 254

View: 670

Categories: Constitutional law

The Oxford Handbook of Law and Politics

The Oxford Handbook of Law and Politics

This Handbook provides a comprehensive survey of the field of law and politics in all its diversity, ranging from such traditional subjects as theories of jurisprudence, constitutionalism, judicial politics and law-and-society to such re ...

Author: Keith E. Whittington

Publisher: OUP Oxford

ISBN: 9780191615061

Category: Political Science

Page: 832

View: 322

The study of law and politics is one of the foundation stones of the discipline of political science, and it has been one of the most productive areas of cross-fertilization between the various subfields of political science and between political science and other cognate disciplines. This Handbook provides a comprehensive survey of the field of law and politics in all its diversity, ranging from such traditional subjects as theories of jurisprudence, constitutionalism, judicial politics and law-and-society to such re-emerging subjects as comparative judicial politics, international law, and democratization. The Oxford Handbook of Law and Politics gathers together leading scholars in the field to assess key literatures shaping the discipline today and to help set the direction of research in the decade ahead.
Categories: Political Science

Judicial Review of Commercial Regulation

Judicial Review of Commercial Regulation

Fordham, Michael, Judicial Review Handbook, 3rd edn., Oxford: Hart Publishing,
2001. Forsyth, Christopher (ed.), Judicial Review and the Constitution, Oxford:
Hart Publishing, 2000. —— and Hare, I. (eds.), The Golden Metwand and the ...

Author: Jaime Arancibia

Publisher: OUP Oxford

ISBN: 9780191616846

Category: Law

Page: 256

View: 574

English courts have traditionally held a policy of judicial restraint towards regulatory decisions in the commercial context. This book provides a critical view of the courts' deferential attitude and advocates a more intensive form of judicial review which is more satisfactory in terms of individual justice. Addressing the issue in three parts, the orthodox common law position on judicial review is first set out, demonstrating the deferential approach of the courts and highlighting the limited scope of review in a commercial context. The regulator's expertise and institutional autonomy, and the demands of administrative efficiency, all contribute to preventing the courts from interfering with the development of regulatory policies. The book then moves on to consider how current policy appears to be inconsistent with the relevant values of English public law which protect individuals from capricious and arbitrary executive action - particularly the right of the applicant to obtain an independent assessment of the validity of the impugned decision by a court which acts as ultimate arbiter of law. Setting out an alternative model based on European human rights law, the book contends close supervision is necessary over decisions which alter or determine the operation of markets in order to reach a level of judicial control that is consistent with the requirements of fairness and reasonableness in this area and with proper respect for the rights of the parties involved. This alternative approach finds its roots in the principle of proportionality, which entails a greater judicial attenuation of administrative autonomy in order to ensure that actions do not go beyond what it is strictly necessary to achieve the desired outcome.
Categories: Law

Vigilance and Restraint in the Common Law of Judicial Review

Vigilance and Restraint in the Common Law of Judicial Review

Harlow and Rawlings contend the tripartite statement is '[u]sually cited as the
basis of the modern doctrine of judicial review'.32 ... See e.g. Michael Fordham,
Judicial Review Handbook (6th edn, Hart Publishing, 2012), [P45] ('unlawfulness'
, ...

Author: Dean R. Knight

Publisher: Cambridge University Press

ISBN: 9781108117708

Category: Law

Page:

View: 777

The mediation of the balance between vigilance and restraint is a fundamental feature of judicial review of administrative action in the Anglo-Commonwealth. This balance is realised through the modulation of the depth of scrutiny when reviewing the decisions of ministers, public bodies and officials. While variability is ubiquitous, it takes different shapes and forms. Dean R. Knight explores the main shapes and forms employed in judicial review in England, Canada, Australia and New Zealand over the last fifty years. Four schemata are drawn from the case law and taken back to conceptual foundations, exposing their commonality and differences, and each approach is evaluated. This detailed methodology provides a sound basis for decisions and debates about how variability should be brought to individual cases and will be of great value to legal scholars, judges and practitioners interested in judicial review.
Categories: Law

The Oxford Handbook of Political Science

The Oxford Handbook of Political Science

Models of judicial review employed by constitutional democracies vary
significantly in their procedural characteristics—a fact that has important
implications for the scope and nature of judicial review in these countries. A
pertinent distinction ...

Author: Robert E. Goodin

Publisher: OUP Oxford

ISBN: 9780191619793

Category: Political Science

Page: 1312

View: 282

Drawing on the rich resources of the ten-volume series of The Oxford Handbooks of Political Science, this one-volume distillation provides a comprehensive overview of all the main branches of contemporary political science: political theory; political institutions; political behavior; comparative politics; international relations; political economy; law and politics; public policy; contextual political analysis; and political methodology. Sixty-seven of the top political scientists worldwide survey recent developments in those fields and provide penetrating introductions to exciting new fields of study. Following in the footsteps of the New Handbook of Political Science edited by Robert Goodin and Hans-Dieter Klingemann a decade before, this Oxford Handbook will become an indispensable guide to the scope and methods of political science as a whole. It will serve as the reference book of record for political scientists and for those following their work for years to come.
Categories: Political Science

Judicial Review

Judicial Review

( Lord Woolf , from the Foreword to the Third Edition ) The Judicial Review
Handbook is one of the leading works in public law , an indispensable source of
reference and a guide to the burgeoning case law in judicial review . Established
as an ...

Author:

Publisher:

ISBN: STANFORD:36105063857580

Category: Judicial review

Page:

View: 553

Categories: Judicial review

The Oxford Handbook of American Bureaucracy

The Oxford Handbook of American Bureaucracy

The puzzle of judicial review of administrative action, therefore, is just this: how
can such a necessary feature of modern democratic governance be
accommodated to the demands of both effective administration and democracy
itself?

Author: Robert F. Durant

Publisher: OUP Oxford

ISBN: 9780191628320

Category: Political Science

Page: 888

View: 786

One of the major dilemmas facing the administrative state in the United States today is discerning how best to harness for public purposes the dynamism of markets, the passion and commitment of nonprofit and volunteer organizations, and the public-interest-oriented expertise of the career civil service. Researchers across a variety of disciplines, fields, and subfields have independently investigated aspects of the formidable challenges, choices, and opportunitiesthis dilemma poses for governance, democratic constitutionalism, and theory building. This literature is vast, affords multiple and conflicting perspectives, is methodologically diverse, and is fragmented. The Oxford Handbook of American Bureaucracy affords readers an uncommon overview andintegration of this eclectic body of knowledge as adduced by many of its most respected researchers. Each of the chapters identifies major issues and trends, critically takes stock of the state of knowledge, and ponders where future research is most promising. Unprecedented in scope, methodological diversity, scholarly viewpoint, and substantive integration, this volume is invaluable for assessing where the study of American bureaucracy stands at the end of the first decade of the 21stcentury, and where leading scholars think it should go in the future.The Oxford Handbooks of American Politics are a set of reference books offering authoritative and engaging critical overviews of the state of scholarship on American politics. Each volume focuses on a particular aspect of the field. The project is under the General Editorship of George C. Edwards III, and distinguished specialists in their respective fields edit each volume. The Handbooks aim not just to report on the discipline, but also to shape it as scholars criticallyassess the scholarship on a topic and propose directions in which it needs to move. The series is an indispensable reference for anyone working in American politics.General Editor for The Oxford Handbooks of American Politics: George C. Edwards III
Categories: Political Science

Quasi Judicial Handbook

Quasi Judicial Handbook

This handbook is designed as a guide for boards making development regulation decisions through the quasi-judicial process.

Author: David W. Owens

Publisher: Unc School of Government

ISBN: 1560119012

Category: Independent regulatory commissions

Page: 176

View: 818

As its name suggests, a quasi-judicial decision is like a court decision in several important ways. It requires the deciding board to use its judgment in applying general law to a particular land use situation while ensuring the constitutional due process rights of the parties. This handbook is designed as a guide for boards making development regulation decisions through the quasi-judicial process. The discussion covers the process prior to, during, and after the evidentiary hearing as well as the decision itself. Other topics include the board of adjustment, variances, special use permits, certificates of appropriateness, appeals of zoning determinations, and judicial review. A package of 5 books is available for a discounted price for those looking to purchase copies for their entire board.
Categories: Independent regulatory commissions

Routledge Handbook of Constitutional Law

Routledge Handbook of Constitutional Law

The Routledge Handbook of Constitutional Law is an advanced level reference work which surveys the current state of constitutional law.

Author: Mark Tushnet

Publisher: Routledge

ISBN: 9781135100186

Category: Law

Page: 528

View: 942

The Routledge Handbook of Constitutional Law is an advanced level reference work which surveys the current state of constitutional law. Featuring new, specially commissioned papers by a range of leading scholars from around the world, it offers a comprehensive overview of the field as well as identifying promising avenues for future research. The book presents the key issues in constitutional law thematically allowing for a truly comparative approach to the subject. It also pays particular attention to constitutional design, identifying and evaluating various solutions to the challenges involved in constitutional architecture. The book is split into four parts for ease of reference: Part One: General issues "sets issues of constitutional law firmly in context including topics such as the making of constitutions, the impact of religion and culture on constitutions, and the relationship between international law and domestic constitutions. Part Two: Structures presents different approaches in regard to institutions or state organization and structural concepts such as emergency powers and electoral systems Part Three: Rights covers the key rights often enshrined in constitutions Part Four: New Challenges - explores issues of importance such as migration and refugees, sovereignty under pressure from globalization, Supranational Organizations and their role in creating post-conflict constitutions, and new technological challenges. Providing up-to-date and authoritative articles covering all the key aspects of constitutional law, this reference work is essential reading for advanced students, scholars and practitioners in the field.
Categories: Law

The Oxford Handbook of the U S Constitution

The Oxford Handbook of the U S  Constitution

The Oxford Handbook of the U.S. Constitution offers a comprehensive overview and introduction to the U.S. Constitution from the perspectives of history, political science, law, rights, and constitutional themes, while focusing on its ...

Author: Mark V. Tushnet

Publisher: Oxford University Press, USA

ISBN: 9780190245757

Category: Constitutional law

Page: 1095

View: 565

The Oxford Handbook of the U.S. Constitution offers a comprehensive overview and introduction to the U.S. Constitution from the perspectives of history, political science, law, rights, and constitutional themes, while focusing on its development, structures, rights, and role in the U.S. political system and culture. This Handbook enables readers within and beyond the U.S. to develop a critical comprehension of the literature on the Constitution, along with accessible and up-to-date analysis. The historical essays included in this Handbook cover the Constitution from 1620 right through the Reagan Revolution to the present. Essays on political science detail how contemporary citizens in the United States rely extensively on political parties, interest groups, and bureaucrats to operate a constitution designed to prevent the rise of parties, interest-group politics and an entrenched bureaucracy. The essays on law explore how contemporary citizens appear to expect and accept the exertions of power by a Supreme Court, whose members are increasingly disconnected from the world of practical politics. Essays on rights discuss how contemporary citizens living in a diverse multi-racial society seek guidance on the meaning of liberty and equality, from a Constitution designed for a society in which all politically relevant persons shared the same race, gender, religion and ethnicity. Lastly, the essays on themes explain how in a "globalized" world, people living in the United States can continue to be governed by a constitution originally meant for a society geographically separated from the rest of the "civilized world." Whether a return to the pristine constitutional institutions of the founding or a translation of these constitutional norms in the present is possible remains the central challenge of U.S. constitutionalism today.
Categories: Constitutional law

Judges Handbook for Criminal Cases

Judges  Handbook for Criminal Cases

The book is organised into 12 sections: Functions and Responsibilities; Pre-Trial Matters; Trial; Common Problems of Evidence; Criminal Law Code; Judgement Process; Sentencing; Judicial Officers' Duties in Regard to Undefended Accused; ...

Author: G. Feltoe

Publisher: African Books Collective

ISBN: 9780797450707

Category: Law

Page: 190

View: 651

Prof. Feltoe, drawing from his experience as a lecturer in law at the University of Zimbabwe brings together in a single compendium various aspects of procedural, evidential and substantive law that judges encounter when dealing with criminal proceedings in Zimbabwe. The book is organised into 12 sections: Functions and Responsibilities; Pre-Trial Matters; Trial; Common Problems of Evidence; Criminal Law Code; Judgement Process; Sentencing; Judicial Officers' Duties in Regard to Undefended Accused; Record of Proceedings; Appeals; Automatic Review and Scrutiny; Miscellaneous Matters.
Categories: Law