Due Process and Fair Procedures : A Study of Administrative Procedures

Denis J. Galligan

ISBN 10: 0198256760 / ISBN 13: 9780198256762

Editore: OUP Oxford, 1997

Riguardo questo articolo

nach der Bestellung gedruckt Neuware - Printed after ordering - In this major new book, the author of the widely admired Discretionary Powers offers a study of the underlying principles of due process and fair procedures, and sets the discussion within a broad comparative, empirical, and theoretical framework. In this timely book, the author constructs a theoretical framework within which issues of procedural fairness may be understood. Different kinds of administrative procedures are identified and each is analyzed according to notions of fairness. The author goes on to examine the main doctrines and principles of procedural fairness as they have developed in the major common law jurisdictions. These developments are related to similar ideas in the jurisdictions, including the European Convention on Human Rights and the American Constitution. The emphasis throughout is to present an analysis which proceeds at several levels: theoretical, empirical, comparative, and doctrinal. Original, scholarly and thought-provoking, this major new study will be required reading for lawyers and political scientists with interests in jurisprudence, socio-legal studies, public law, civil and criminal procedures, civil liberties, legal theory and comparative law.

Codice articolo 9780198256762

Dati bibliografici

• Titolo: Due Process and Fair Procedures : A Study of Administrative Procedures
• Editore: OUP Oxford
• Data di pubblicazione: 1997
• Lingua: Inglese
• ISBN 10: 0198256760
• ISBN 13: 9780198256762
• Rilegatura: Buch
• Condizione: Neu
• Dimensioni: 240 L x 161 A x 35 P (millimetri) 240 millimetri di larghezza per 161 millimetri di altezza per 35 millimetri di profondità
• Peso: 1016 grammi

Descrizione articolo

Riassunto

Due Process is one of the most interesting and conceptually challenging areas of the common law, and in recent years there has been a major revival of interest in the sheer range and applicability of the term. In this major new book, the author of the widely admired Discretionary Powers offers a study of the underlying principles of due process and fair procedures, and sets the discussion within a broad comparative and theoretical framework. In landmark decisions such as Ridge v. Baldwin (1968) the courts in Britain and other parts of the Commonwealth have begun to recognize the importance of procedural fairness across a broad spectrum of official powers and decisions. Principles have begun to emerge, and yet the courts have not yet developed an approach which is entirely adequate to the task. In this timely book, the author traces the development of these principles within a framework which includes analysis and critique of legal developments in the major common law jurisdictions, and which relates these developments to similar ideas under both the European Convention on Human Rights and the American Constitution. Original, scholarly and thought-provoking, this major new study will be required reading for lawyers with interests in public law, civil and criminal procedure, civil liberties, legal theory and comparative law.

Recensione

This is an important and impressive work ... the book is well placed to stand the test of time as an original theoretical contribution to the field. (Neil Walker, The Modern Law Review, November 1999)