Download e-book for iPad: The Cambridge Companion to Public Law by Mark Elliott, Professor David Feldman

By Mark Elliott, Professor David Feldman

ISBN-10: 1107029759

ISBN-13: 9781107029750

The Cambridge better half to Public legislations examines key issues, debates and concerns in modern public legislation. The ebook identifies and attracts out 5 key subject matters: the notions of presidency and the nation; where of the nation and public legislation on the earth at huge; relationships among associations and officers in the country; the legitimacy of associations; and the identification and cost of public legislation on the subject of politics. The booklet additionally provides a latest exam, taking account of the immense alterations witnessed during this region in fresh a long time and of the ensuing have to reconsider orthodox money owed of the topic. Written through major experts drawn from around the universal legislation global, their process is rigorous, attractive and hugely obtainable. This significant other acts as either a considerate advent and a set that consciously strikes the self-discipline ahead.

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From the perspective of a lawyer, there is a very practical reason for examining the distinction between ‘public law’ and ‘public non-law’. It is exceptional for courts to grant remedies in respect of alleged breaches of ‘non-law’. Courts sometimes have an advisory jurisdiction (itself an 14 15 This is an example of a wider point: the constitution does not exist as a single, abstract entity. Each institution operating it has its own perspective which shapes a distinctive conception of key features of the constitution: D.

28 From an administrator’s point of view, the advantages of the new system were: challenges had to be brought within months rather than years; a public body could quickly build up costs at an early stage in proceedings, discouraging the challenger; there was a good chance that the challenger would not get leave (now called permission) to apply for judicial review; disclosure and examination of witnesses would be rare; and, even if the body lost on the merits, remedies were discretionary. With mainly cosmetic changes, the position today is the same under the Civil Procedure Rules.

The distinctiveness of public law commonly discussed cases in which people try to use law against government; but this does not affect the usefulness of the example. When Richard Crossman, formerly a Cabinet Minister in the Labour government of 1964–70, wanted to publish the diaries which he had kept during that period, the civil service sought to prevent the publication of his descriptions of dealings with civil servants and discussions in Cabinet and the Privy Council. It was acknowledged that a Cabinet Minister had an obligation not to disclose Cabinet discussions, but this was an aspect of the convention of collective Cabinet responsibility, or ‘non-law’.

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The Cambridge Companion to Public Law by Mark Elliott, Professor David Feldman

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