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Title
Legal culture, legality and the determination of the grounds of judicial review of administrative action in England and Australia / Voraphol Malsukhum.
ISBN
9789811612671 (electronic bk.)
9811612676 (electronic bk.)
9811612668
9789811612664
Publication Details
Singapore : Springer, 2021.
Language
English
Description
1 online resource
Item Number
10.1007/978-981-16-1267-1 doi
Call Number
KD4902
Dewey Decimal Classification
347.42012
Summary
This book presents a navigating framework of legal culture and legality to facilitate a comprehensive understanding of the English and Australian determination of the grounds of judicial review. This book facilitates tangible process of how and why jurisdictional error, jurisdictional fact, proportionality and substantive legitimate expectations are debatable in English law, while they are either completely rejected or firmly entrenched in Australian law. This book argues that these differences are not just random. Legality is not just a fig-leaf, but is profoundly rooted in legal systems' legal culture; hence, it dictates the way in which courts empower, justify, constrain or limit the scope of judicial review. This book presents evidence that courts differ in legal systems and apply diverse ways to determine the scope of judicial review based on their deep understanding of legality, which is embedded in the legal culture of their legal system. This book uses comparative methodology and develops this framework between English and Australian law. Although obvious and important, this book presents a kind of examination that has never been undertaken in this depth and detail before.
Bibliography, etc. Note
Includes bibliographical references.
Access Note
Access limited to authorized users.
Digital File Characteristics
text file
PDF
Source of Description
Online resource; title from PDF title page (SpringerLink, viewed July 15, 2021).
Available in Other Form
Print version: 9789811612664
Chapter 1. Comparative Doctrinal Analysis of Legal Reasoning in the Determination of the Grounds of Judicial Review in the Light of Deep-Water Legality and Legal Culture: A Methodological Framework
Chapter 2. Differences between English and Australian Legal Cultures
Chapter 3. Influence of the Legal Cultures on Error of Law and Jurisdictional Error
Chapter 4. Influence of the Legal Cultures on Jurisdictional Fact
Chapter 5. Influence of the Legal Cultures on the Grounds relating to Substantive Exercise of Discretion
Chapter 6. Influence of the Legal Cultures on Legitimate Expectations
Chapter 7. Conclusion.
