Overview
- Insight and understanding of the different determinations of the grounds of judicial review in England and Australia through the methodological approaches of deep-water legality and legal culture
- Offers usage of the legal mentality of English and Australian judicial review constitutionalism
- Presents the process of unpacking the legal reasoning of cases, which has never been applied as a catalyst to develop an understanding of the determination of judicial review
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Table of contents (7 chapters)
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Front Matter
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Back Matter
Keywords
- Judicial Review
- Legal Culture
- Legal Mentality
- Judicial Review Constitutionalism
- Legal Reasoning
- Ground Of Judicial Review
- Error Of Law
- Jurisdictional Error
- Jurisdictional Fact
- Substantive Exercise Of Discretion
- Proportionality
- Legitimate Expectations
- Deference
- English Judicial Review
- Australian Judicial Review
About this book
This book presents a navigating framework of legal culture and legality to facilitate a comprehensive understanding of the English and Australian determination of the grounds of judicial review.
This book facilitates tangible process of how and why jurisdictional error, jurisdictional fact, proportionality and substantive legitimate expectations are debatable in English law, while they are either completely rejected or firmly entrenched in Australian law. This book argues that these differences are not just random. Legality is not just a fig-leaf, but is profoundly rooted in legal systems’ legal culture; hence, it dictates the way in which courts empower, justify, constrain or limit the scope of judicial review.
This book presents evidence that courts differ in legal systems and apply diverse ways to determine the scope of judicial review based on their deep understanding of legality, which is embedded in the legal culture of their legal system. This book uses comparative methodology and develops this framework between English and Australian law.
Although obvious and important, this book presents a kind of examination that has never been undertaken in this depth and detail before.Authors and Affiliations
About the author
Bibliographic Information
Book Title: Legal Culture, Legality and the Determination of the Grounds of Judicial Review of Administrative Action in England and Australia
Authors: Voraphol Malsukhum
DOI: https://doi.org/10.1007/978-981-16-1267-1
Publisher: Springer Singapore
eBook Packages: Law and Criminology, Law and Criminology (R0)
Copyright Information: The Editor(s) (if applicable) and The Author(s), under exclusive license to Springer Nature Singapore Pte Ltd. 2021
Hardcover ISBN: 978-981-16-1266-4Published: 02 July 2021
Softcover ISBN: 978-981-16-1269-5Published: 03 July 2022
eBook ISBN: 978-981-16-1267-1Published: 01 July 2021
Edition Number: 1
Number of Pages: XXVI, 269
Number of Illustrations: 1 b/w illustrations
Topics: Constitutional Law, Legislative and Executive Politics, Governance and Government, International Relations, Administrative Law, Public Law