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The Frontiers of Public Law

The Frontiers of Public Law

  • 作者:
  • 出版商: Hart Publishing
  • ISBN: 9781509953561
  • 出版时间 July 2021
  • 规格: Paperback
  • 适应领域: U.K. ? 免责申明:
    Countri(es) stated herein are used as reference only
  • Hardback Edition ISBN: 9781509930371
¥586.56
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  • 描述 
  • 大纲 
  • 详细

    This major collection contains selected papers from the third Public Law Conference, an international conference hosted by the University of Melbourne in July 2018. The collection includes contributions by leading academics and senior judges from across the common law world, including Australia, Canada, New Zealand, the United Kingdom and the United States. The collection explores the frontiers of public law, examining cutting-edge issues at the intersection of public law and other fields. The collection addresses four principal frontiers: public law and international law; public law and indigenous peoples; public law and other domestic fields, specifically criminal law and private law; and public law and public administration. In common with the two books from the previous Public Law Conferences, this collection offers authoritative insights into the most important issues emerging in public law, and is essential reading for those working in the field.

  • 1. Introduction: The Frontiers of Public Law
    Jason NE Varuhas and Shona Wilson Stark
    PART 1: PUBLIC LAW AND INTERNATIONAL LAW
    2. Global Constitutionalism: Myth and Reality
    Cheryl Saunders
    3. Frontiers of Global Administrative Law in the 2020s
    Benedict Kingsbury
    4. National Security Policy-making in the Shadow of International Law: The Case of the PPG
    Laura A Dickinson
    5. Public Law in the UK after Brexit
    Jack Beatson and Emma Foubister
    PART 2: PUBLIC LAW AND INDIGENOUS PEOPLES
    6. Indigenous Rights, Judges and Judicial Review in New Zealand
    Matthew SR Palmer
    7. Coming to Terms with Communal, Land-related Decision-making by Aboriginal and/or Torres Strait Islander Peoples in a Public Law Context
    Debbie Mortimer
    8. Representing Jurisdiction: Decolonising Administrative Law in a Multijural State
    Mary Liston
    9. From the Heart: The Indigenous Challenge to Australian Public Law
    Kirsty Gover
    10. Public Law, Legitimacy and Indigenous Aspirations
    Harry Hobbs
    11. Places as Persons: Creating a New Framework for Maori-Crown Relations
    Andrew Geddis and Jacinta Ruru
    PART 3: PUBLIC LAW, CRIMINAL LAW AND PRIVATE LAW
    12. Changing Boundaries: Crime, Punishment and Public Law
    David Feldman
    13. Discretionary Power and Consistency: Is the Sentencing Discretion Different?
    Chris Maxwell
    14. Public and Private Law: A Redundant Divide
    Carol Harlow
    15. The 'Contracting State' and the Public/Private Divide
    ACL Davies
    16. Public and Private Boundaries of Administrative Law
    Margaret Allars
    PART 4: PUBLIC LAW AND PUBLIC ADMINISTRATION
    17. The Nature and Bounds of Executive Power: Keeping Pace with Change
    KM Hayne
    18. Peering into the Black Box of Executive Power: Cabinet Manuals, Secrecy and the Identification of Convention
    Anne Twomey
    19. Fomenting Authoritarianism Th rough Rules About Rulemaking
    Kathryn E Kovacs
    20. Non-fettering, Legitimate Expectations and Consistency of Policy: Separate Compartments or Single Principle?
    Shona Wilson Stark
    21. The In-between Space of Administrative Justice: Reconciling Norms
    at the Front Lines of Social Assistance Agencies
    Jennifer Raso
    22. A 'Culture of Justification'? Police Interpretation and Application of the Human Rights Act 1998
    Richard Martin

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