Share

Legitimate Expectations and Proportionality in Administrative Law

2000-09 Law
Download Legitimate Expectations and Proportionality in Administrative Law PDF Online Free

Author :
Release : 2000-09
Genre : Law
Kind : eBook
Book Rating : 869/5 ( reviews)

GET EBOOK


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

Download or read book Legitimate Expectations and Proportionality in Administrative Law written by Robert Thomas. This book was released on 2000-09. Available in PDF, EPUB and Kindle. Book excerpt: Presents a comparison of the development in European and English law of two legal principles, legitimate expectations and proportionality, against the different traditions of administrative law. Looks at case law of the English courts and the European Court of Justice, and explains why English courts have been troubled by legitimate expectations and proportionality and how such difficulties can be resolved. Suggests that problems associated with these principles are connected to different cultural approaches to the appropriate role of law in the modern state. Of interest to administrative lawyers. The author teaches law at the University of Manchester. Distributed by ISBS. c. Book News Inc.

Legitimate Expectations in Administrative Law

2000 Law
Download Legitimate Expectations in Administrative Law PDF Online Free

Author :
Release : 2000
Genre : Law
Kind : eBook
Book Rating : 479/5 ( reviews)

GET EBOOK


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

Download or read book Legitimate Expectations in Administrative Law written by Søren J. Schønberg. This book was released on 2000. Available in PDF, EPUB and Kindle. Book excerpt: 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 in the Common Law World

2017-01-12 Law
Download Legitimate Expectations in the Common Law World PDF Online Free

Author :
Release : 2017-01-12
Genre : Law
Kind : eBook
Book Rating : 508/5 ( reviews)

GET EBOOK


Book Synopsis Legitimate Expectations in the Common Law World by : Matthew Groves

Download or read book Legitimate Expectations in the Common Law World written by Matthew Groves. This book was released on 2017-01-12. Available in PDF, EPUB and Kindle. Book excerpt: The recognition and enforcement of legitimate expectations by courts has been a striking feature of English law since R v North and East Devon Health Authority; ex parte Coughlan [2001] 3 QB 213. Although the substantive form of legitimate expectation adopted in Coughlan was quickly accepted by English courts and received a generally favourable response from public law scholars, the doctrine of that case has largely been rejected in other common law jurisdictions. The central principles of Coughlan have been rejected by courts in common law jurisdictions outside the UK for a range of reasons, such as incompatibility with local constitutional doctrine, or because they mark an undesirable drift towards merits review. The sceptical and critical reception to Coughlan outside England is a striking contrast to the reception the case received within the UK. This book provides a detailed scholarly analysis of these issues and considers the doctrine of legitimate expectations both in England and elsewhere in the common law world.

The Relationship Between English and European Community Administrative Law

1998
Download The Relationship Between English and European Community Administrative Law PDF Online Free

Author :
Release : 1998
Genre :
Kind : eBook
Book Rating : /5 ( reviews)

GET EBOOK


Book Synopsis The Relationship Between English and European Community Administrative Law by : Robert Thomas

Download or read book The Relationship Between English and European Community Administrative Law written by Robert Thomas. This book was released on 1998. Available in PDF, EPUB and Kindle. Book excerpt:

Proportionality and Judicial Activism

2017-03-02 Law
Download Proportionality and Judicial Activism PDF Online Free

Author :
Release : 2017-03-02
Genre : Law
Kind : eBook
Book Rating : 987/5 ( reviews)

GET EBOOK


Book Synopsis Proportionality and Judicial Activism by : Niels Petersen

Download or read book Proportionality and Judicial Activism written by Niels Petersen. This book was released on 2017-03-02. Available in PDF, EPUB and Kindle. Book excerpt: This book uses empirical analysis to show that courts refrain from using the proportionality test as a means of judicial activism.

You may also like...