Administrative Law / Edition 3

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Overview

Like the first edition of this book, this second edition has two main aims: to provide a clear and relatively short statement of the most important rules concerning judicial control of governmental administrative activity; and to provide a wider framework for understanding those rules. This framework is provided by considering the constitutional context of judicial control; the relationship between judicial control and other mechanisms for checking administrative activity; and the impact of judicial control on the agencies subject to it. What emerges clearly from considering judicial control in this wider context is that the role of the courts in adjudicating complaints about governmental administrative action is not that of neutral arbiter but that of active participant in the public decision-making process. It is hoped that this book will provide readers with a concise but critical analysis of the law.
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Product Details

  • ISBN-13: 9780198764649
  • Publisher: Oxford University Press, USA
  • Publication date: 1/30/1997
  • Series: Clarendon Law Series
  • Edition number: 3
  • Pages: 448
  • Product dimensions: 5.75 (w) x 8.81 (h) x 0.96 (d)

Meet the Author

Peter Cane, Distinguished Professor of Law, Australian National University College of Law

For 20 years Peter Cane taught law at Corpus Christi College, Oxford. Since 1997 he has been a research Professor of Law at the Australian National University in Canberra. He is a Corresponding Fellow of the British Academy and has written extensively on English and Australian administrative law. Other books include The New Oxford Companion to Law edited with Joanne Conaghan (OUP, 2008). He has taught comparative administrative law at the University of Texas at Austin.

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Table of Contents

Acknowledgements
Series Preface
Introduction
Pt. I Grounds of Judicial Review
1 Questions of Law 3
2 Sound Governance and Sound Law 33
3 Judicial Review of Questions of Law and Policy 47
4 The Procedural Reason for Judicial Restraint 83
Pt. II Cross-Currents
5 The Limits of Judicial Review of Executive Action - Some Comparisons Between Australia and the United States 107
6 American Administrative Law under Siege Is Germany a Model? 123
7 Codification of Administrative Law: The US and the Union 147
8 Judicial Review and Codification 169
Pt. III Empirical Research
9 Studying Administrative Law: A Methodology for, and Report on, New Empirical Research 193
10 Judicial Review: Questions of Impact 219
11 The Influence of Judicial Review on Bureaucratic Decision-Making 245
12 The Impact of Federal Court Decisions on the Policies and Administration of the U.S. Environmental Protection Agency 259
13 Tribunals and Informal Justice 285
Pt. IV The Economics of Public Law
14 The Judiciary and Public Choice 307
15 A Theory of Administrative Law 335
16 Public Law and Private Finance - Placing the Private Finance Initiative in a Public Law Frame 377
17 Accountability in the Regulatory State 397
18 Private Parties, Public Functions and the New Administrative Law 421
Pt. V Liability
19 Suing the State 469
20 The Rational Strength of the Private Law Model 503
21 Judicial Relief and Public Tort Law 511
22 Damages in Public Law 525
Name Index 555
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