Product Description
Comparing Administrative Justice Across the Commonwealth
Authors: H Corder, L Van de Vijver
Format: Physical Hardcopy
Comparing Administrative Justice across the Commonwealth examines a range of themes relevant to administrative justice. It begins by considering it in a constitutional context, and then proceeds to compare fundamental concepts of administrative law as they have developed in different Commonwealth countries.
This is followed by studies of specific countries and a discussion of practical steps that have been taken to enhance the quality of administrative justice. Contributors include eminent lawyers from many Commonwealth jurisdictions. This book provides a unique multifaceted insight into the development of administrative justice and the jurisprudential as well as practical questions to be considered in promoting it.
Contents:
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The constitutional context
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The democratic necessity of administrative justice
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To defer and when? Administrative law and constitutional democracy
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Deference: Is it useful outside Canada?
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The rule of law and judicial review: Re-reading dicey
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Comparative studies
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Engaging unreasonableness and proportionality as standards of review in England, India and Sri-Lanka
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The law of bureaucratic negligence in South Africa: A comparative commonwealth perspective
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The impact of apartheid on commonwealth administrative law
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The theory of the second actor revisited
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Country studies
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A sliding scale of reasonableness on commonwealth administrative law
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Administrative justice: Beyond the courtroom door
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The tribunalisation of justice in India
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'Administrative action' in the courts
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What difference does the Promotion of Administrative Justice Act make to administrative law?
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Procedure and remedies in judicial review: A Malaysian perspective
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Three waves of administrative justice in South Africa
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Practical steps
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Some reflections on administrative justice in Malawi
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The role of the commonwealth and commonwealth associations in strengthening administrative law and justice
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Apples, oranges and comparative administrative law
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