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Cases and materials in administrative law / by S. H. Bailey, C. A. Cross [and] J. F. Garner

By: Material type: TextTextPublication details: London; Sweet and Maxwell.; 1977Description: 635 pISBN:
  • 042117370X
Subject(s): DDC classification:
  • 342.42066 BAI
Summary: Government policy is not always in tune with legal principle and nowhere has this been more sharply emphasised in recent years than in the field of administrative law. The extent to which a minister or his department, or a local authority, may freely exercise discretionary powers in reaching their decisions has been the subject of considerable litigation. Central and local government must not only be just, it must be seen to be just, and where it has not been, the courts have been swift to say s Ministers have increasingly found their decisions overreled by the courts, witness the Tameside ruling on decision-making in education and the recen Laker Airways decision in the field of transport. In such an important and rapidly developing branch of law the lack of an adequate collection of cases and source materials for students has long ben felt. This book admirably fills that need. Prepared by experienced and well-known authors, it includes annotated extracts from all important recent cases, Government reports, statutes and regulations. The chapters and sub chapters are prefaced by helpful introductory essays and problem questions are included at the end to aid understanding. Topics covered include Functions and Procedures of Public Authorities, Judicial Control, Discretion and its Abuse, Ultra Vires Acts, Natural Justice, Appeals, Remedies, and Other Controls. Coverage of local government materials is particularly strong. The result is an important and up-to-date sourcebook which those studying for degree and professional examinations will find an invaluable aid.
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Government policy is not always in tune with legal principle and nowhere has this been more sharply emphasised in recent years than in the field of administrative law. The extent to which a minister or his department, or a local authority, may freely exercise discretionary powers in reaching their decisions has been the subject of considerable litigation. Central and local government must not only be just, it must be seen to be just, and where it has not been, the courts have been swift to say s Ministers have increasingly found their decisions overreled by the courts, witness the Tameside ruling on decision-making in education and the recen Laker Airways decision in the field of transport.

In such an important and rapidly developing branch of law the lack of an adequate collection of cases and source materials for students has long ben felt. This book admirably fills that need. Prepared by experienced and well-known authors, it includes annotated extracts from all important recent cases, Government reports, statutes and regulations. The chapters and sub chapters are prefaced by helpful introductory essays and problem questions are included at the end to aid understanding. Topics covered include Functions and Procedures of Public Authorities, Judicial Control, Discretion and its Abuse, Ultra Vires Acts, Natural Justice, Appeals, Remedies, and Other Controls. Coverage of local government materials is particularly strong.

The result is an important and up-to-date sourcebook which those studying for degree and professional examinations will find an invaluable aid.

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