Legitimate Expectations in Administrative Law

Legitimate Expectations in Administrative Law
Author :
Publisher : Oxford University Press on Demand
Total Pages : 270
Release :
ISBN-10 : 0198299478
ISBN-13 : 9780198299479
Rating : 4/5 (78 Downloads)

Synopsis Legitimate Expectations in Administrative Law by : Søren J. Schønberg

This original and stimulating book is the first systematic study of the principle of `legitimate expectations' in administrative law to appear in the English language. The notion of reasonable or legitimate expectations has played a central role in the development of administrative law over the last thirty years and it remains one of the most contentious and most frequently invoked grounds of judicial review. In this book Dr Schonberg provides a detailed, comparative, and critical analysis of that notion He begins by clarifying why administrative law should protect expectations at all, by linking expectations to fairness, trust in administration, and the Rule of Law with its requirements of legal certainty and formal equality. In the light of this framework he examines in detail the principles and rules which contribute to the protection of expectations. The scope of this analysis is broad, looking both at procedural and substantive principles of administrative law as wellas principles of tort liability and stautory compensation. In all of these areas, English law is carefully compared with French and EC law and is shown how the three legal systems often reach similar outcomes by the application of different legal principles and rules. The current state of English law is examined critically in the light of the comparative study of French and EC law, and a number of original suggestions for legal reform are presented. They include the adoption of: a generalprinciple of irrevocability of intra vires administrative decisions, a distinct principle of substantive legitimate expectations subject to a `significant imbalance' threshold for judicial intervention, and a statutory right to compensation for loss caused by `sufficiently serious' violations of public law.

Legitimate Expectations and Proportionality in Administrative Law

Legitimate Expectations and Proportionality in Administrative Law
Author :
Publisher : Bloomsbury Publishing
Total Pages : 146
Release :
ISBN-10 : 9781847311184
ISBN-13 : 1847311180
Rating : 4/5 (84 Downloads)

Synopsis Legitimate Expectations and Proportionality in Administrative Law by : Robert Thomas

This book presents a comparison of the development of legitimate expectations and proportionality in European and English law against the different traditions of administrative law. While these two principles are well established in European law,only in recent years have the English courts years sought to integrate them into the common law and have experienced various difficulties in doing so. This book seeks to understand the motivation behind this development, explain why the English courts have been troubled by the principles and suggest how such difficulties can be resolved. It will be of interest to all administrative lawyers, both in practice and in academe. It will also be of interest to EU lawyers, particularly those interested in EU public law.

Understanding Administrative Law in the Common Law World

Understanding Administrative Law in the Common Law World
Author :
Publisher : Oxford University Press
Total Pages : 321
Release :
ISBN-10 : 9780192896919
ISBN-13 : 0192896911
Rating : 4/5 (19 Downloads)

Synopsis Understanding Administrative Law in the Common Law World by : Paul Daly

A new framework for understanding contemporary administrative law, through a comparative analysis of case law from Australia, Canada, England, Ireland, and New Zealand. The author argues that the field is structured by four values: individual self-realisation, good administration, electoral legitimacy and decisional autonomy.

Textbook on Administrative Law

Textbook on Administrative Law
Author :
Publisher : Oxford University Press, USA
Total Pages : 545
Release :
ISBN-10 : 9780199601660
ISBN-13 : 0199601666
Rating : 4/5 (60 Downloads)

Synopsis Textbook on Administrative Law by : Peter Leyland

The seventh edition of Textbook on Administrative Law continues to provide students with an accessible and stimulating guide to the subject. Practical in approach, the authors concentrate on fully analysing core topics, while at the same time setting them within a contextual and thematic framework.

Commonwealth Caribbean Administrative Law

Commonwealth Caribbean Administrative Law
Author :
Publisher : Routledge
Total Pages : 501
Release :
ISBN-10 : 9780415538732
ISBN-13 : 0415538734
Rating : 4/5 (32 Downloads)

Synopsis Commonwealth Caribbean Administrative Law by : Eddy David Ventose

Commonwealth Caribbean Administrative Law comprehensively explores the nature and function of administrative law in contemporary Caribbean society. The text considers the administrative machinery of Caribbean States, Parliament, the Executive and the Judiciary, and examines the basis for judicial review of executive and administrative action in the Caribbean. The book will also examine how the courts on the Commonwealth Cariibeen have sought to define principles of administrative law.

EU Administrative Law

EU Administrative Law
Author :
Publisher : Oxford University Press
Total Pages : 994
Release :
ISBN-10 : 9780192567451
ISBN-13 : 0192567454
Rating : 4/5 (51 Downloads)

Synopsis EU Administrative Law by : Paul Craig

The third edition of EU Administrative Law provides comprehensive coverage of the administrative system in the EU and the principles of judicial review that apply in this area. This revised edition provides important updates on each area covered, including new case law; institutional developments; and EU legislation. These changes are located within the framework of broader developments in the EU. The chapters in the first half of the book deal with all the principal variants of the EU administrative regime. Thus there are chapters dealing with the history and taxonomy of the EU administrative regime; direct administration; shared administration; comitology; agencies; social partners; and the open method of coordination. The coverage throughout focuses on the legal regime that governs the particular form of administration and broader issues of accountability, drawing on literature from political science as well as law. The focus in the second part of the book shifts to judicial review. There are detailed chapters covering all principles of judicial review and the discussion of the law throughout is analytical and contextual. It begins with the principles that have informed the development of EU judicial review. This is followed by a chapter dealing with the judicial system and the way in which reform could impact on the subject matter of the book. There are then chapters dealing with competence; access; transparency; process; law, fact and discretion; rights; equality; legitimate expectations; two chapters on proportionality; the precautionary principle; two chapters on remedies; and the Ombudsman.

The Anatomy of Administrative Law

The Anatomy of Administrative Law
Author :
Publisher : Bloomsbury Publishing
Total Pages : 313
Release :
ISBN-10 : 9781509925339
ISBN-13 : 1509925333
Rating : 4/5 (39 Downloads)

Synopsis The Anatomy of Administrative Law by : Joanna Bell

Based on author's thesis (doctoral - University of Oxford, 2017) issued under title: Against monism and in favour of an anatomical approach to administrative law.

Administrative Law

Administrative Law
Author :
Publisher : Oxford University Press
Total Pages : 857
Release :
ISBN-10 : 9780198719465
ISBN-13 : 0198719469
Rating : 4/5 (65 Downloads)

Synopsis Administrative Law by : Mark Elliott

Administrative Law Text and Materials combines carefully selected extracts from key cases, articles, and other sources with detailed commentary. Aimed at undergraduates studying administrative law, it provides comprehensive coverage of the subject and brings together in one volume the best features of a textbook and a casebook. Rather than simply presenting administrative law as a straightforward body of legal rules, this engaging, critical text considers the subject as an expression of underlying constitutional and other policy concerns, which fundamentally shape the relationship between the citizen and the state. The result is a fascinating account of a subject of crucial importance. Online Resource Centre The book is supported by online an Online Resource Centre, offering the following useful resources: -Updates which cover all the legal developments since publication -'Oxford NewsNow' RSS feeds provide constantly refreshed links to the latest relevant new stories -Interactive timeline of key dates in British political history -Annotated web links

Legitimate Expectations Under Article 1 of Protocol No. 1 to the European Convention on Human Rights

Legitimate Expectations Under Article 1 of Protocol No. 1 to the European Convention on Human Rights
Author :
Publisher :
Total Pages : 0
Release :
ISBN-10 : 1780682220
ISBN-13 : 9781780682228
Rating : 4/5 (20 Downloads)

Synopsis Legitimate Expectations Under Article 1 of Protocol No. 1 to the European Convention on Human Rights by : Maya Sigron

This book provides a thorough evaluation of the complex relationship between legitimate expectations and the protection of property guaranteed by Article 1 of Protocol No. 1 to the European Convention on Human Rights. To set the context, the book first gives a brief but comprehensive analysis of property rights from Ancient Greek times until now. Subsequently, it compares the protection of legitimate expectations with its underlying principles in other legal orders. The book addresses three main research questions: What are the conditions for the creation and protection of legitimate expectations in the context of Article 1 of Protocol No. 1? What roles do confidence, detriment, and fair balance play in that context? What purposes do legitimate expectations fulfill in the context of Article 1 of Protocol No. 1? To answer these questions, the book offers an extensive analysis of the European Court of Human Rights' case-law related to legitimate expectations under Article 1 of Protocol No. 1. The book collects and lists the main misunderstandings with respect to legitimate expectations in cases brought before the European Court of Human Rights. The conclusion assesses the major results and paves the way for future debate about the doctrine of legitimate expectations under Article 1 of Protocol No. 1.

Handbook of International Investment Law and Policy

Handbook of International Investment Law and Policy
Author :
Publisher : Springer
Total Pages : 0
Release :
ISBN-10 : 9811336148
ISBN-13 : 9789811336140
Rating : 4/5 (48 Downloads)

Synopsis Handbook of International Investment Law and Policy by : Julien Chaisse

The Handbook of International Investment Law and Policy is a one-stop reference source. This Handbook covers the main conceptual questions in a logical, scholarly yet easy to comprehend manner. It is based on a truly global vision insisting particularly on Global South related issues and developments. In this respect, the Handbook of International Investment Law and Policy provides an excellent modern treatment of international investment law which is one of the fastest growing areas of international economic law. Professor Julien Chaisse, Professor Leïla Choukroune, and Professor Sufian Jusoh are the editors-in-chief of the Handbook of International Investment Law and Policy, a 1,500-page reference book, which is anticipated becoming one of the most influenced reference books in the international economic law areas. This Handbook is a highly comprehensive set of four volumes of original materials designed to cover all facets of international investment law and policy. The chapters, written by world-leading experts, explore key ideas and debates in relation to: international investment substantive law (Volume I), Investor-state dispute settlement (Volume II); interaction between international investment law and other fields of international law (Volume III); and, the new trends and challenges for international investment law (Volume IV). The Handbook will feature more than 80 contributions from leading experts (academics, lawyers, government officials), including Vivienne Bath, M. Sornarajah, Mélida Hodgson, Rahul Donde, Roberto Echandi, Andrew Mitchell, Ernst-Ulrich Petersmann, Christina L. Beharry, Krista Nadakavukaren Schefer, Leon Trakman, Prabhash Ranjan, Emmanuel Jacomy, Mariel Dimsey, Stavros Brekoulakis, Romesh Weeramantry, Nathalie Bernasconi-Osterwalder, David Collins, Damilola S. Olawuyi, Katia Fach Gomez, Jaemin Lee, Alejandro Carballo-Leyda, Patrick W. Pearsall, Mark Feldman, Surya Deva, Luke Nottage, Rafael Leal-Arcas, James Nedumpara, Rodrigo Polanco, etc. This Handbook will be an essential reference tool for students and scholars of international economic law. Policy makers and researchers alike will find the Handbook of International Investment Law and Policy useful for years to come.