This chapter discusses the application for judicial review. The development of the application is complicated and intertwined with the historical deficiencies and peculiarities of the remedies themselves. Thus, the chapter begins with an account of the defects in the prerogative remedies that spurred the creation of the application. It then discusses the creation of the application for judicial review and subsequent developments; and the divorce of public and private law.
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Chapter
18. Procedure of Judicial Review
Sir William Wade and Christopher Forsyth
Chapter
18. Procedure of Judicial Review
Sir William Wade, Christopher Forsyth, and Julian Ghosh
This chapter discusses the application for judicial review. The development of the application is complicated and intertwined with the historical deficiencies and peculiarities of the remedies themselves. Thus, the chapter begins with an account of the defects in the prerogative remedies that spurred the creation of the application. It then discusses the creation of the application for judicial review and subsequent developments; and the divorce of public and private law.
Chapter
1. Introduction
This introductory chapter presents an overview of contract law. It discusses the definition of a contract; the problems arising in the life of a contract that must be addressed by contract law; the common law, statutory, and international sources of contract law; the nature of legal reasoning; the pluralistic values reflected in contract law that introduce tensions; the main theories on why contracts should be enforced; the reach of contract law and where contract law does not apply; contract law’s relationship to other branches of private law tort, property, and unjust enrichment; and the external influences on English contract law.
Chapter
13. The Judicial Review Procedure
Mark Elliott and Jason Varuhas
This chapter examines the judicial review procedure, with particular emphasis on two issues: first, what judicial review procedure which claimants seeking a prerogative remedy are required to use; second, the extent to which a claimant seeking to raise a public law matter may avoid having to use the judicial review procedure by issuing a claim for an injunction or declaration. After providing a background on the origins of today's judicial review procedure, the chapter discusses the nature of the judicial review procedure and the impact of human rights claims on judicial review procedure. It also considers when the judicial review procedure must be used, focusing on procedural exclusivity, waiver of exclusivity, defensive use of public law arguments, and the connection between private law rights and public law.
Chapter
3. Private Law
This chapter provides an overview of different areas of private law and their relationship to environmental law including property law, tort law, contract law, and private law. The chapter begins by showing how the role of private law in addressing environmental problems is due to environmental law being applied law. Sections 3.3, 3.4, 3.5 and 3.6 give an overview of property law, tort law, contract law, and company law and their relationship to environmental law. This analysis shows that private law has a role in framing our understanding of environmental law and environmental problems, while environmental law and environmental problems also shape understandings of private law, and of property law in particular. The final section concludes by discussing the multi-dimensional nature of the interrelationship between private law, environmental problems, and environmental law in more detail.
Chapter
9. The Law Relating to Children: Children’s Rights and Private Law
The Concentrate Questions and Answers series offers the best preparation for tackling exam and assignment questions. Each book includes key debates, typical questions, diagram answer plans, suggested answers, author commentary, and tips to gain extra marks. This chapter considers children’s rights and private law relating to children. The first essay question focuses on the rights of the child to make his or her own decisions and to participate in private law proceedings, whilst the second examines how the law ensures that children have a relationship with both parents after separation. The third question is a problem scenario that requires discussion of orders under s. 8 of the Children Act 1989, the welfare principle, and the welfare checklist. The final problem question concerns inherent jurisdiction and the right of a child to refuse medical treatment.
Chapter
13. The nature of judicial review
Judicial review is a procedure whereby the courts determine the lawfulness of the exercise of executive power. It is concerned with the legality of the decision-making process as opposed to the merits of the actual decision. Thus it is supervisory rather than appellate. Emphasis is also placed on the fact that the jurisdiction exists to control the exercise of power by public bodies. This chapter discusses the supervisory jurisdiction of the courts, procedural reform, the rule in O’Reilly v Mackman, the public law/private law distinction, collateral challenge, and exclusion of judicial review. The procedure for making a claim for judicial review under the Civil Procedural Rules (CPR) Pt 54 is outlined, and the prospect of further reform is noted.
Chapter
10. Negligence: Duty of Care—Public Bodies
This chapter focuses on the negligence liability of public authorities. It discusses how negligence actions against public bodies may have both public and private law dimensions. The discussion of the public law dimension focuses on the mechanisms that have been employed in response to concerns about the political nature of some public authority decisions, and the fact that those decisions frequently involve the balancing of social or economic considerations, and the interests of different sections of the public. The discussion of the private law dimension of negligence actions against public bodies considers policy reasons for limiting the liability of public bodies and statutory responsibilities as a source of affirmative common law duties. The chapter concludes with a consideration of proposals for reform of the law in this area.
Chapter
19. Restriction of Remedies
Sir William Wade and Christopher Forsyth
Remedies are awarded only to litigants who have sufficient locus standi, or standing. The law starts from the position that remedies are correlative with rights, and that only those whose own rights are at stake are eligible to be awarded remedies. No one else will have the necessary standing before the court. This chapter discusses the old and new law of standing; discretionary power of the court to withhold remedies; exhaustion of remedies; protective and preclusive (ouster) clauses; exclusive statutory remedies; and ‘default powers’, i.e. special powers under which ministers may take steps to compel local authorities to carry out their functions properly.
Chapter
19. Restriction of Remedies
Sir William Wade, Christopher Forsyth, and Julian Ghosh
Remedies are awarded only to litigants who have sufficient locus standi, or standing. The law starts from the position that remedies are correlative with rights, and that only those whose own rights are at stake are eligible to be awarded remedies. No one else will have the necessary standing before the court. This chapter discusses the old and new law of standing; discretionary power of the court to withhold remedies; exhaustion of remedies; protective and preclusive (ouster) clauses; exclusive statutory remedies; and ‘default powers’, i.e. special powers under which ministers may take steps to compel local authorities to carry out their functions properly.
Chapter
2. History and challenges
Stuart Bell, Donald McGillivray, Ole W. Pedersen, Emma Lees, and Elen Stokes
This chapter explores the history of environmental law in England and Wales and discusses some of the challenges encountered in the past when enacting legal responses to environmental problems, focusing on why today’s environmental law looks the way it does. The chapter also focuses on the question of whether environmental law actually works.
Book
Derek Whayman
Essential Cases: Equity & Trusts provides a bridge between course textbooks and key case judgments. Essential Cases provides you with succinct summaries of some of the landmark and most influential cases in equity and trusts. Each summary begins with a review of the main case facts and decision. The summary is then concluded with expert commentary on the case from the author, Derek Whayman, including his assessment of the wider questions raised by the decision.
Chapter
1. The Nature of English Law
This chapter first explains the meaning of law. It then discusses the historical development and characteristics of English law, and the different types of law (public law, private law, criminal law, and civil law). Laws are rules and regulations which govern the activities of persons within a country. In England and Wales, laws are composed of three main elements: legislation which is created through Parliament; common law; and, until the UK leaves the EU, directly enforceable EU law. This chapter also considers the terminology used for criminal prosecutions and civil actions, and outlines the legal profession in England and Wales.
Chapter
20. The High Court’s Inherent Powers in Respect of Children
N V Lowe, G Douglas, E Hitchings, and R Taylor
This chapter discusses the High Court’s inherent powers in respect of children. The development of these powers, principally under the aegis of the wardship jurisdiction, was highly influential in the modern development of law and practice concerning children, and the Children Act 1989 incorporates many of its features. In detail, the chapter first considers the High Court’s exercise of inherent jurisdiction; the court’s powers; local authority use of the jurisdiction; and private law use of the jurisdiction. It then does the same for wardship.
Chapter
3. The Personal and Property Consequences of Marriage, Civil Partnership and Cohabitation
N V Lowe, G Douglas, E Hitchings, and R Taylor
This chapter considers how marriage, civil partnership or cohabitation affects the parties’ legal relationship with each other and the wider world. It examines the common law historical approach to marriage before discussing the use of a marital surname, the sexual relationship and the duty to provide financial support. It then discusses the approach taken to intimate relationships by contract law and tort, by public law, including criminal law, and by property law. The end of the chapter considers proposals for reform.
Chapter
1. What is law?
This chapter aims to provide a rounded conception of what law is. It discusses the theoretical conceptualizations of law and the principles of the English legal system. It explains the distinction among different types of law including the distinction between criminal law and civil law, and the differences between public law and private law. The chapter also introduces several sources of law, including statute law, case law, and equity. This chapter provides the different meanings of the terms common law and civil law and clarifies that the English legal system refers to the legal system of England and Wales. The devolution of law-making powers is also discussed.
Chapter
7. Below, beyond, and above the police: pluralization of policing
Benjamin Bowling, Robert Reiner, and James Sheptycki
The chapter surveys theories concerning the hybrid nature of the plural policing web. It evaluates the claim that a fundamental shift in policing occurred at the beginning of the twenty-first century. Holding police métier as a definitional constant, the chapter examines how policing is enacted from different institutional positions in plural policing. It outlines the history of claims about the rise of plural policing before discussing its relation to law, the military, technology, territory, locality, the rising importance of private ‘high policing’, and the centrality of surveillance. The chapter demonstrates the complex opportunity structure of the plural policing web, the variety of legal and technological tools involved in its operations, and suggests that it poses fundamental problems for the democratic governance of police that have not been resolved. It concludes that there is both continuity and change in the politics of the police and that claims of a fundamental break have been overstated.
Chapter
15. Ordinary Remedies
Sir William Wade and Christopher Forsyth
This chapter is concerned with the remedies of private law which play a part in public law. First come the remedies related to powers (actions for damages, injunctions, declarations, and relator actions). A final section contains such remedies as private law supplies for the enforcement of duties.
Chapter
15. Ordinary Remedies
Sir William Wade, Christopher Forsyth, and Julian Ghosh
This chapter is concerned with the remedies of private law which play a part in public law. First come the remedies related to powers (actions for damages, injunctions, declarations and relator actions). A final section contains such remedies as private law supplies for the enforcement of duties.
Chapter
15. Contracts
Contracts are used to structure the legal relationship between government and private service providers. Contract also forms a new model both for relationships between public agencies and for the relationship between the government and the people it serves. The challenge for the government is to deliver services with integrity, with equity, and with efficiency. The challenge for administrative law is to provide forms of accountability that do what the law can do to promote those goals. This chapter discusses government by contract and proportionate administration, accountability and efficiency, capacity to contract, and how the law controls government contracts.
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