Public law adjudication in common law systems : process and substance / [edited by] John Bell, Mark Elliott, Jason NE Varuhas and Philip Murray.

Oxford ; Portland, Oregon : Hart Publishing, 2016.

87114

Common law -- Congresses.

Public law -- Congresses.

Administrative law -- Congresses.

Comparative law -- Congresses.

Public reason and administrative legitimacy / Jerry L. Mashaw

Administrative law : a values-based approach / Paul Daly

The public interest conception of public law : its procedural origins and substantive implications / Jason N.E. Varuhas

Process, substance and the history of error of law review / Philip Murray

The growth of substantive review : the changes, their causes and their consequences / Mark Aronson

'Blasphemy against basics' : doctrine, conceptual reasoning and certain decisions of the UK Supreme Court / Christopher Forsyth

The legitimacy of expectations about fairness : can process and substance be untangled? / Matthew Groves and Greg Weeks

Judicial review of delegated legislation : why favour substantive review over procedural review? / Andrew Edgar

Transubstantiation in Canadian public law : processing substance and instantiating process / Mary Liston

Is judicial review qualitative? / Alan Robertson

Remedies for laws that violate human rights / Kent Roach

'Striking back' and 'clamping down' : an alternative perspective on judicial review / Carol Harlow and Richard Rawlings

The use and effects of judicial review : assumptions and the empirical evidence / Maurice Sunkin and Varda Bondy

Common law public law : some comparative reflections / Cheryl Saunders

Comparison, realism and theory in public law / David Feldman.

"This volume arises from the inaugural Public Law Conference hosted in September 2014 by the Centre for Public Law at the University of Cambridge, which brought together leading public lawyers from different common law jurisdictions, providing for the first time a comparative analysis of process and substance in public law adjudication in common law systems. While those from common law jurisdictions share background understandings, significant differences between such systems create opportunities for valuable exchanges of ideas and debate. The majority of the chapters consider topical issues in judicial review. Chapters adopting a theoretical perspective explore the trend towards conceptualising administrative law in terms of 'public reason'; elaborate a values-based framework for analysing administrative law; and propound a public interest conception of public law. Chapters adopting a contextual or empirical approach consider the impact of public law adjudication on government, and governmental responses to judicial decisions. Other chapters consider how procedure and substantive law have interacted historically in the field of judicial review. Concluding chapters reflect generally on the papers in the collection and the value of facilitating cross-jurisdictional dialogue." -- Publisher's website.

Contributions based on a Public Law conference in September 2014 at the University of Cambridge.

Includes bibliographical references and index.

9781849469913

390 p.