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  1. Delegation of governmental power to private parties : a comparative perspective

    Donnelly, Catherine M. (Catherine Mary), 1974-
    Oxford ; New York : Oxford University Press, 2007.

    Through a comparative analysis of England, the European Union, and the United States, this book considers legal responses to delegation of governmental power to private parties. Although private delegation has the potential to enhance the efficiency and effectiveness of governance, it should not be assumed to have this result. Private delegation creates risks to democracy, accountability, and human rights. Any legal controls must therefore respond to the challenge of enhancing the potential effectiveness of private delegation, while minimising the risks. The legal responses of the three jurisdictions to private delegation are categorised in a two-fold and functional way: responses which impose controls on the delegator of governmental power, and responses which impose controls on the private delegate of governmental power. The controls imposed by different legal disciplines such as constitutional law, administrative law, regulatory law, and private law are assessed. Three goals are pursued. First, the relationship between the different legal responses is illustrated.The challenge of private delegation is a complex one, which requires a multi-faceted response from a number of different legal disciplines. No one source of legal control is in itself adequate to respond to the challenge. Second, within the discussion of each individual legal control, appropriate responses to private delegation are analysed. Third, Donnelly demonstrates that at present, the response of all three jurisdictions to private delegation is inadequate, albeit to differing degrees. A much greater awareness of the risks of private delegation and a greater sense of responsibility on the part of the judiciary are required if these legal systems are to respond appropriately to the challenge of delegation of governmental power to private parties.

  2. De Smith's judicial review

    Ninth edition. - London : Sweet & Maxwell, 2023.

    "The Ninth edition includes comprehensive coverage of the law and practice of judicial review with extensive comparative material from leading common law jurisdictions. This edition has been thoroughly re-written and updated to take account of recent doctrinal developments and theoretical controversies. It includes recent changes to the law on remedies and limiting judicial review by ouster clauses. It examines retained EU law, separate agreement law, and future relationship law, the Ireland/Northern Ireland Protocol and the Windsor Framework. It also covers proposals, such as the Bill of Rights Bill"--

  3. De Smith`s principles of judicial review

    De Smith, S. A. (Stanley A.)
    Second edition - London : Sweet & Maxwell, 2020

    De Smith's Principles of Judicial Review is the leading work on the principles, practice and remedies of judicial review in England and Wales. This edition reflects the continuing importance and complexity of judicial review and incorporates recent fundamental developments in the area. It deals with domestic grounds of review, challenges under the Human Rights Act 1998 and the use of European Community law in judicial review. De Smith's Principles of Judicial Review provides a coherent, comprehensive and compelling analysis of Judicial Review and will be welcomed by students studying this area of law. Covers the history, theoretical foundations and principles of judicial review. Explains the scope of judicial review Provides authoritative and comprehensive guidance on the practice and procedure of judicial review. Deals comprehensively with all grounds of challenge, including illegality, procedural impropriety, substantive review, Convention rights and European Community grounds. Clarifies complex changes in substantive review, including proportionality and legitimate expectations, against a background of a developing "culture of justification". Sets out the principles underlying each area of judicial review Sets out the context of judicial review and its scope, considering at the outset a number of issues which guide De Smith's approach Considers the context in which judicial review is but one of a number of possible avenues of redress for aggrieved citizens Examines those who may initiate a claim for judicial review (claimants); who have a right to be a party (interested parties) and those who may seek permission from the court to make submissions as interveners. Considers the often complex and controversial questions of which defendants and decisions are subject to judicial review Deals comprehensively with the grounds of review in the following categories: illegality, lack of procedural fairness and irrationality or unreasonableness (Substantive Review and Justification) Full coverage of procedures and remedies, funding and costs .


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