Boughey janina (57 risultati)

Hardback. Condizione: New. How do you protect rights without a Bill of Rights? Australia does not have a national bill or charter of rights and looks further away than ever from adopting one. But it does have a range of individual elements sourced from common law, statute and the Constitution which, though unsystematic, do provide Australians with some meaningful rights protection. This book outlines and explains the unique human rights journey of Australia. It moves beyond the criticisms long made of the Australian position - that its 'formalism', 'legalism' and 'exceptionalism' compromise its capacity for rights protection - to consider how the many elements of its novel legal structure operate. This book analyses the interlocking legal framework for the protection of rights in Australia. A key theme of the book is that the many different elements of a fragmented scheme can add up to something significant, albeit with significant gaps and flaws like any other legal rights protection framework. It shows how the jumbled influences of a common law heritage, a written constitution, differing paths taken by jurisdictions within a single federal state, statutory and common law innovations and a strong dose of comparative legal influences have led to the unique patchwork of rights protection in Australia. It will provide valuable reading for all those researching in human rights, constitutional and comparative law. …

Condizione: New.

Condizione: New. pp. 320 Reprint edition NO-PA16APR2015-KAP.

Condizione: New. pp. 320.

Condizione: As New. Unread book in perfect condition.

Paperback. Condizione: New. It is commonly asserted that bills of rights have had a 'righting' effect on the principles of judicial review of administrative action and have been a key driver of the modern expansion in judicial oversight of the executive arm of government. A number of commentators have pointed to Australian administrative law as evidence for this 'righting' hypothesis. They have suggested that the fact that Australia is an outlier among common law jurisdictions in having neither a statutory nor a constitutional framework to expressly protect human rights explains why Australia alone continues to take an apparently 'formalist', 'legalist' and 'conservative' approach to administrative law. Other commentators and judges, including a number in Canada, have argued the opposite: that bills of rights have the effect of stifling the development of the common law. However, for the most part, all these claims remain just that - there has been limited detailed analysis of the issue, and no detailed comparative analysis of the veracity of the claims. This book analyses in detail the interaction between administrative and human rights law in Australia and Canada, arguing that both jurisdictions have reached remarkably similar positions regarding the balance between judicial and executive power, and between broader fundamental principles including the rule of law, parliamentary sovereignty and the separation of powers. It will provide valuable reading for all those researching judicial review and human rights.…

Paperback. Condizione: new. Paperback. This book explores the implications, challenges and opportunities that automating government functions presents for our system of public law. It asks whether the laws and institutions we have in place to ensure accountability and transparency in government are fit for purpose in an age of automation. The book brings together judges, senior public servants, practitioners, and law and technology academics to interrogate these issues and find solutions that are workable from legal, technology and policy perspectives. The first Australian book to examine in depth the public law implications of government automation Shipping may be from multiple locations in the US or from the UK, depending on stock availability.…

Condizione: New.

Condizione: New. In English.

Condizione: As New. Unread book in perfect condition.

Hardcover. Condizione: new. Hardcover. The breadth of executive power is a topic of enduring concern. Yet, it is rarely considered through an interpretive lens. This collection of papers from some of Australias leading judges, practitioners and academics explores how Australian courts do construe the scope of executive power, and how they should.\n\nIn particular, the collection focuses on the ways in which courts should interpret statutes which confer powers on the executive branch, and the challenges posed in this regard by the proliferation of statute law, contemporary legislative drafting techniques, and broader developments in the field of statutory interpretation. These themes of statutory interpretation and executive power have dominated recent High Court decisions in public law as well as the speeches and extra-curial writings of High Court judges in recent years.\n\nThe collection also examines the related topic of the interpretation of non-statutory executive power, with a particular focus on how statutory and non-statutory power might interact, and whether the principles which guide the interpretation of powers that come from statute might also be deployed in the non-statutory realm. The breadth of executive power is a topic of enduring concern. Yet, it is rarely considered through an interpretive lens. This collection of papers from some of Australia's leading judges, practitioners and academics explores how Australian courts do construe the scope of executive power, and how they should. Shipping may be from multiple locations in the US or from the UK, depending on stock availability.…

Paperback. Condizione: new. Paperback. This book explores the implications, challenges and opportunities that automating government functions presents for our system of public law. It asks whether the laws and institutions we have in place to ensure accountability and transparency in government are fit for purpose in an age of automation. The book brings together judges, senior public servants, practitioners, and law and technology academics to interrogate these issues and find solutions that are workable from legal, technology and policy perspectives. The first Australian book to examine in depth the public law implications of government automation Shipping may be from our UK warehouse or from our Australian or US warehouses, depending on stock availability.…

Paperback. Condizione: Brand New. reprint edition. 288 pages. 9.50x6.75x0.75 inches. In Stock.

Condizione: New.

Paperback. Condizione: Brand New. 504 pages. 9.60x6.65x1.01 inches. In Stock.

Paperback. Condizione: new. Paperback. This book explores the implications, challenges and opportunities that automating government functions presents for our system of public law. It asks whether the laws and institutions we have in place to ensure accountability and transparency in government are fit for purpose in an age of automation. The book brings together judges, senior public servants, practitioners, and law and technology academics to interrogate these issues and find solutions that are workable from legal, technology and policy perspectives. The first Australian book to examine in depth the public law implications of government automation Shipping may be from our Sydney, NSW warehouse or from our UK or US warehouse, depending on stock availability.…

Condizione: New.

Hardcover. Condizione: new. Hardcover. The breadth of executive power is a topic of enduring concern. Yet, it is rarely considered through an interpretive lens. This collection of papers from some of Australias leading judges, practitioners and academics explores how Australian courts do construe the scope of executive power, and how they should.\n\nIn particular, the collection focuses on the ways in which courts should interpret statutes which confer powers on the executive branch, and the challenges posed in this regard by the proliferation of statute law, contemporary legislative drafting techniques, and broader developments in the field of statutory interpretation. These themes of statutory interpretation and executive power have dominated recent High Court decisions in public law as well as the speeches and extra-curial writings of High Court judges in recent years.\n\nThe collection also examines the related topic of the interpretation of non-statutory executive power, with a particular focus on how statutory and non-statutory power might interact, and whether the principles which guide the interpretation of powers that come from statute might also be deployed in the non-statutory realm. The breadth of executive power is a topic of enduring concern. Yet, it is rarely considered through an interpretive lens. This collection of papers from some of Australia's leading judges, practitioners and academics explores how Australian courts do construe the scope of executive power, and how they should. Shipping may be from our UK warehouse or from our Australian or US warehouses, depending on stock availability.…

Paperback. Condizione: New. It is commonly asserted that bills of rights have had a 'righting' effect on the principles of judicial review of administrative action and have been a key driver of the modern expansion in judicial oversight of the executive arm of government. A number of commentators have pointed to Australian administrative law as evidence for this 'righting' hypothesis. They have suggested that the fact that Australia is an outlier among common law jurisdictions in having neither a statutory nor a constitutional framework to expressly protect human rights explains why Australia alone continues to take an apparently 'formalist', 'legalist' and 'conservative' approach to administrative law. Other commentators and judges, including a number in Canada, have argued the opposite: that bills of rights have the effect of stifling the development of the common law. However, for the most part, all these claims remain just that - there has been limited detailed analysis of the issue, and no detailed comparative analysis of the veracity of the claims. This book analyses in detail the interaction between administrative and human rights law in Australia and Canada, arguing that both jurisdictions have reached remarkably similar positions regarding the balance between judicial and executive power, and between broader fundamental principles including the rule of law, parliamentary sovereignty and the separation of powers. It will provide valuable reading for all those researching judicial review and human rights.…

Condizione: New.

Condizione: As New. Unread book in perfect condition.

Hardcover. Condizione: new. Hardcover. The breadth of executive power is a topic of enduring concern. Yet, it is rarely considered through an interpretive lens. This collection of papers from some of Australias leading judges, practitioners and academics explores how Australian courts do construe the scope of executive power, and how they should.\n\nIn particular, the collection focuses on the ways in which courts should interpret statutes which confer powers on the executive branch, and the challenges posed in this regard by the proliferation of statute law, contemporary legislative drafting techniques, and broader developments in the field of statutory interpretation. These themes of statutory interpretation and executive power have dominated recent High Court decisions in public law as well as the speeches and extra-curial writings of High Court judges in recent years.\n\nThe collection also examines the related topic of the interpretation of non-statutory executive power, with a particular focus on how statutory and non-statutory power might interact, and whether the principles which guide the interpretation of powers that come from statute might also be deployed in the non-statutory realm. The breadth of executive power is a topic of enduring concern. Yet, it is rarely considered through an interpretive lens. This collection of papers from some of Australia's leading judges, practitioners and academics explores how Australian courts do construe the scope of executive power, and how they should. Shipping may be from our Sydney, NSW warehouse or from our UK or US warehouse, depending on stock availability.…

Condizione: New.

Condizione: New. 2019. Hardcover. . . . . .

Hardcover. Condizione: New.

Condizione: New. In English.

Condizione: As New. Unread book in perfect condition.

Condizione: New.

Condizione: New. In English.

Condizione: New. Series: Hart Studies in Comparative Public Law. Num Pages: 288 pages. BIC Classification: 1KBC; 1MBF; LAM; LNDC. Category: (P) Professional & Vocational; (U) Tertiary Education (US: College). Dimension: 244 x 169. Weight in Grams: 368. . 2017. 1st Edition. hardcover. . . . .