Administrative law, general Books
Bloomsbury Publishing PLC The Form of Legislation and the Rule of Law
Book SynopsisWhat does the rule of law mean, in practical terms, for the way that legislation is prepared, drafted and presented? It is a cornerstone of the UK legal order and requires certain things from the legal system, such as that the law must be intelligible, predictable and accessible. This book examines what those requirements mean for the form that legislation must take. Using the rule of law as the starting point, the author uses deductive reasoning to determine what flows from this in terms of the form of legislation. Each element of the rule of law is analysed to establish principles about the form that legislation ought to take, and the book examines how each principle can be given concrete effect. The originality lies in the nexus between the rule of law and the form of legislation. Much has been written about the nature and content of the rule of law, but relatively little has been devoted to legisprudence, the theory and practice of legislation. This book now draws these two subjects together in a detailed and innovative way.Trade ReviewThe focus of this book is the form of legislation (how it is structured, organised and expressed). As such it is highly relevant to legislative counsel. I have no hesitation in recommending it to them as not only an interesting read but a valuable source of guidance and advice. -- Eamonn Moran * The Loophole *An Intellectually stimulating monograph with deep theoretical insight combined with great potential for application. * Helen Xanthaki, University College London, UK *Table of Contents1. Introduction 2. Accessibility of Legislation 3. Prospectivity of Legislation 4. Predictability of Legislation 5. Intelligibility 6. Constraints on Discretion 7. Equality before the Law 8. Conclusion
£80.75
Bloomsbury Publishing PLC Administrative Law in Action: Immigration
Book SynopsisThis book investigates and analyses how administrative law works in practice through a detailed case-study and evaluation of one of the UK’s largest and most important administrative agencies, the immigration department. In doing so, the book broadens the conversation of administrative law beyond the courts to include how administrative agencies themselves make, apply, and enforce the law. Blending theoretical and empirical administrative-legal analysis, the book demonstrates why we need to pay closer attention to what government agencies actually do, how they do it, how they are organised, and held to account. Taking a contextual approach, the book provides a detailed analysis of how the immigration department performs its core functions of making policy and law, taking mass casework decisions, and enforcing immigration law. The book considers major recent episodes of immigration administration including the development of the hostile environment policy and the treatment of the Windrush generation. By examining a diverse range of material, the book presents a model of administrative law based upon the organisational competence and capacity of administration and its institutional design. Alongside diagnosing the immigration department’s failings, the book advances positive proposals for its reform.Trade ReviewEssential reading for anyone interested in migration, immigration policy, and administrative law. Thomas’ deep institutional knowledge and keen eye for bureaucratic structure paints a grizzly picture of the UK immigration department. At the same time, Thomas remains engaged and offers thoughtful recommendations on how the department might be reconstituted and rid itself of bureaucratic oppression. -- Ingrid Eagly, UCLA School of Law * adminlawblog *Fresh, challenging and department-centred, this book is an important contribution to contemporary administrative law scholarship. Interweaving theory and principle with careful analysis of legal and administrative practice, Robert Thomas takes us on an eye-opening journey through the heavily contested field of immigration administration. Bravo! * Richard Rawlings, Professor of Public Law, University College London, UK *Table of Contents1. Administration and Law I. Immigration Administration II. Models of Administrative Law III. Concepts and Ideas to Investigate Administration and Law IV. The Plan of the Book 2. The Immigration Department I. Constituting Administration II. The Development of the Immigration Department III. Getting under the Surface IV. Conclusion 3. Administrative Policy-making: The Hostile Environment Policy and Windrush I. Policy-making II. The Hostile Environment III. Windrush IV. Policy-making Failures V. After and Beyond Windrush VI. Conclusion 4. Administrative Rules and Guidance I. Immigration Rules II. Choice of Rule-type III. Guidance and Policies IV. Human Rights and Rules V. Complex Rules and Simplification VI. Evaluating Rules VII. Conclusion 5. Caseworking I. Caseworking in General II. Processing Targets and Decision Quality III. Organising Caseworking IV. Styles of Immigration Rule-Application and Administrative Culture V. Internal Mechanisms to Enhance Decision Quality VI. Conclusion 6. Redress and Legal Challenges I. The Development of Immigration Administrative Law Remedies II. Administrative Review of Administrative Decisions III. Tribunal Appeals IV. Individual Judicial Reviews V. Responsible Administration: A Proactive Approach to Detecting Errors and Monitoring Administrative Action VI. Conclusion 7. Immigration Enforcement I. Immigration Enforcement and its Challenges II. Enforcement Options III. Enforcement Operations IV. Assessing Matters So Far V. Organising Enforcement Operations VI. Improving Enforcement Operations VII. Competent, Effective and Diverse Administration VIII. Conclusion 8. Judicial Review: Norms and Pragmatism I. Judicial Review and Administration II. Systemic Procedural Unfairness III. Principles of Legality 3 IV. Conclusion 9. Bureaucratic Oppression I. Bureaucratic Oppression and Immigration Administration II. Tribunals and Courts III. Complaint-handling Systems IV. Independent Inspection and Monitoring V. Immigration Detention VI. The Hostile Environment VII. Ameliorating Bureaucratic Oppression VIII. Conclusion 10. Conclusion I. Administrative Capacity and Performance II. Institutional Design and Administrative Legitimacy III. Reforming Immigration Administration IV. Legal Control and Bureaucratic Oppression V. Studying Administration and Administrative Law
£90.25
Bristol University Press Politics and Administrative Justice:
Book SynopsisIn recent years, failures in health and social care, mental health services, public housing and education have dominated headlines and been the subject of much public debate. The means for addressing such concerns remain notably legalistic and subject to a particular brand of liberal legalism that stifles the possibility of transformational intervention. This book argues that there is urgent need for a radical reassessment of the way the law mediates between citizens and the state. Drawing on historical and comparative research, literary, pictorial and cinematic treatments, and the insights of the disability rights movement, Nick O’Brien examines how the everyday regulation of street-level bureaucracy can play an integral part in reimagining postliberal politics and the role of the law.Table of ContentsChapter 1 Introduction Chapter 2 Street-Level Bureaucracy and Response to Citizen Grievance Chapter 3 The ‘Social Imaginary’ of Liberal Legalism Chapter 4 The Promise of Postliberalism Chapter 5 Citizen Grievance and the Spectre of Legalism Chapter 6 Postliberal Response to Citizen Grievance: The Challenge of Disability Human Rights Chapter 7 Responding to Grievance: The Mental Health System and Special Educational Needs Chapter 8 Postliberal Administrative Justice Chapter 9 Administrative Justice Beyond ‘Administrative Justice’ Bibliography Index
£68.00
West Academic Publishing Administrative Law: Agency Action in Legal
Book SynopsisThe third edition of this innovative administrative law casebook retains and enhances its unique features: Focus on five representative agencies to provide students with a more holistic understanding of agencies and provide context. Use of a consistent unit design that maximizes student learning and facilitates the use of the book with a wide variety of teaching styles, including traditional methods and the "flipped" classroom. Incorporation of cutting-edge cases and problems that focus on the practical application of administrative law doctrines. By focusing on five important and representative agencies (the EPA, NLRB, SSA, IRS, and FCC), the book addresses two key problems for teaching and learning administrative law: (1) students' lack of familiarity with agencies and what they do; and (2) the difficulty of understanding new and different agencies and their organic statutes for each new administrative law case. Extended treatment of these five agencies, including one chapter for each agency that focuses on its use of a particular kind of agency action (rulemaking, policymaking adjudication, mass adjudication, informal action, and enforcement) provides students with a more complete picture of what agencies do and how they do it. Because the principal cases and problems involve the same five agencies throughout the book, the need to learn about new agencies and understand new organic statutes is greatly reduced, enabling students and teachers to focus on the administrative law issues in the cases.The book uses a consistent "unit" format throughout. Each unit covers a particular topic and includes (1) a clear and comprehensive discussion of the basic doctrine governing the topic; (2) a principal case or cases to illustrate the application of the doctrine and highlight key issues; (3) a discussion of related matters to explore additional issues and connections between topics; and (4) a detailed administrative law problem requiring the application of the doctrine in context. This unique structure and design facilitates the use of the book with a variety of teaching methods, including the Socratic method, lecture and discussion, and the problem method. Because it combines clear exposition, illustrative principal cases, and comprehensive problems, the book is also an ideal tool for teachers who want to flip their classrooms. This unit structure also enhances the flexibility of the book, allowing teachers easily to select topics for coverage and determine the depth of coverage they wish to provide.The third edition has been thoroughly updated to provide cutting edge treatment of emerging administrative law issues and developments, including the reinvigoration of separation of powers, the erosion of Chevron deference, and constraints on agency guidance documents. The third edition also reflects changes designed to enhance the book's effectiveness as a teaching and learning tool, such as increased use of primary administrative law materials, improvements to problems, and new principal cases.
£239.20
Peter Lang AG Principles of Turkish Administrative Law
Book SynopsisTo realize public interest, the administration is granted with superior powers, namely public force. In return, in a state governed by the rule of law, a mechanism is needed to protect the rights of persons before “public force” and to secure the lawfulness of the “powerful” administration. Administrative law may be seen as a balance between public interest which is in favor of people as a community and public force which restricts the rights of persons. This book covers the general principles that administration should abide by, while serving for public interest by using public force.Table of ContentsConstitutional law ─ Employment law ─ Contract law ─ Data protection law ─ Insurance law ─ Commercial law ─ Law of commercial enterprise ─ Company law ─ Competition law
£45.00
