Administrative Justice : Central Issues in UK and European by Longley & James, Diane Longley, Rhonda James PDF

By Longley & James, Diane Longley, Rhonda James

ISBN-10: 1859413420

ISBN-13: 9781859413425

This booklet seems to be at administrative legislation from a socio-legal viewpoint opposed to a historical past of constitutional ideas. It scrutinises the present associations within the mild of constitutional beliefs and highlights the discrepancies among underlying goals and truth. It considers, within the wide experience, how felony strategies are utilized in the advance and implementation of presidency coverage and to what volume this permits for the enhancement of democratic participation and legitimacy of determination making.

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In the High Court, Laws J, granting an order of certiorari, based his judgment principally on the proposition that, where a public body enjoyed a discretion whose exercise might infringe a fundamental human right, such as the right to life, it should not be permitted to perpetrate any such infringement unless it could show substantial objective justification for doing so on public interest grounds. 37 Ex p B provided a particularly difficult set of circumstances in which to demonstrate this. His initial argument was straightforward.

9 6 7 8 9 Galligan, ‘Judicial review and the textbook writers’ (1992) 12 OJLS 2. For a public law perspective on the use of the private sector in the provision of public services, see Freedland, ‘Public law and private finance – placing the private finance initiative in a public law frame’ [1998] PL 288. Lewis, ‘Responsibility in government: the strange case of the United Kingdom’ [1995] 1 EPL 3. Harden, The Contracting State, 1992, and Freedland, ‘Government by contract’ [1994] PL 86. 7 Administrative Justice: Part I The momentum towards pro-competitive, market mimicking strategies of recent times was seen as the optimum means of containing costs and increasing efficiency, as well as improving quality and consumer choice.

However, evidence based medicine is in its infancy, and the criteria used in coming to a decision – for example, issues of risk, chances of recovery, costs and benefits – are difficult to ascertain and subject to a number of interpretations. Consequently, such criteria often carry unarticulated values which not only shape priorities, but actually influence the perception of problems and the feasibility of solutions. Inevitably, in this process trade-offs occur, which may have the effect of downgrading or marginalising more fundamental concerns such as fairness.

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Administrative Justice : Central Issues in UK and European Administrative Law by Longley & James, Diane Longley, Rhonda James


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