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 a number of common law jurisdictions. While those from such jurisdictions share background understandings, significant differences within the common law world create opportunities for valuable exchanges of ideas and debate. This collection draws upon one of the principal sub-themes that emerged during the conference – namely, the the way in which relationships and distinctions between the notions of 'process' and 'substance' play out in relation to and inform adjudication in public law cases. The essays contained in this volume address those issues from a variety of perspectives. While the bulk of the chapters consider topical issues in judicial review, either on common law or human rights grounds, or both, other chapters adopt more theoretical, historical, empirical or contextual approaches. Concluding chapters reflect generally on the papers in the collection and the value of facilitating cross-jurisdictional dialogue.

This original book fills a significant gap in legal literature by providing an exploration of research methodologies in public law; a field of research in which research methods are becoming increasingly prominent and sophisticated. Featuring thoughtful chapters written by leading scholars in the field, this book provides a thorough explanation of the key features, characteristics, and challenges of distinct methodological approaches to public law research.

This major collection contains selected papers from the third Public Law Conference, an international conference hosted by the University of Melbourne in July 2018. The collection includes contributions by leading academics and senior judges from across the common law world, including Australia, Canada, New Zealand, the United Kingdom and the United States. The collection explores the frontiers of public law, examining cutting-edge issues at the intersection of public law and other fields. The collection addresses four principal frontiers: public law and international law; public law and indigenous peoples; public law and other domestic fields, specifically criminal law and private law; and public law and public administration. In common with the two books from the previous Public Law Conferences, this collection offers authoritative insights into the most important issues emerging in public law, and is essential reading for those working in the field.

This book explores critical issues about how courts engage with questions of fact in public law adjudication. Although the topic of judicial review - the mechanism through which individuals can challenge governmental action - continues to generate sustained interest amongst constitutional and administrative lawyers, there has been little attention given to questions of fact. This is so despite such determinations of fact often being hugely important to the outcomes and impacts of public law adjudication. The book brings together scholars from across the common law world to identify and explore contested issues, common challenges, and gaps in understanding. The various chapters consider where facts arise in constitutional and administrative law proceedings, the role of the courts, and the types of evidence that might assist courts in determining legal issues that are underpinned by complex and contested social or policy questions. The book also considers whether the existing laws and practices surrounding evidence are sufficient, and how other disciplines might assist the courts. The book reconnects the key practical issues surrounding evidence and facts with the lively academic debate on judicial review in the common law world; it therefore contributes to an emerging area of scholarly debate and also has practical implications for the conduct of litigation and government policy-making.

Explores the English origins of the principles of judicial review in common law jurisdictions and autochthonous pressures for their adaptation.

The Fifth Edition of this path-breaking course book maintains the organization familiar to its many users. Following an introduction to the history, institutional context and theory of administrative law, students are exposed to four main topics: the political control of administration by Congress and the Executive Branch; formal agency processes for lawmaking; adjudication and rulemaking; government access to and required disclosure of information; and judicial remedies for official illegality. Doctrinal analysis is enriched by case studies of the law in action in particular administrative contexts and attention to the deregulatory and devolutionary trends that are reshaping American Administrative Law.

The studies which are published in this book are the general reports and some of the conference papers which were discussed at the 1st World Law Conference, which was held in Brussels, 9-12 September, 1996. Reports on the discussions during the sessions are also included. This conference was based on the International Encyclopaedia of Laws, which now covers 18 major fields of law and is published by Kluwer Law International. The authors and participants, who were from no less than 50 countries, met in order to build bridges of understanding across cultural boundaries in an attempt to grasp, appreciate and respect both similarities and differences in order to be able to work together with a better understanding of the culture and traditions which form each country's unique legal culture. This is why `culture And The law' was the major theme of the conference. Different fields of law were covered in 30 general reports, highlighting recent developments in their respective fields, and were discussed in 12 work groups (apart from Law and Culture): Civil Procedure, Constitutional Law, Contract Law, Criminal Law, Environmental Law, Family and Succession Law, Intellectual Property Law, Labour Law and Industrial Relations, Medical Law, Social Security and Transport Law. In publishing them the editor and authors want to share the knowledge and insights they contain with the global legal community.