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Legal Culture, Legality and the Determination of the Grounds of Judicial Review of Administrative Action in England and Australia

Authors: Malsukhum, Voraphol

  • 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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eBook $119.00
price for USA in USD
  • The eBook version of this title will be available soon
  • Due: August 4, 2021
  • ISBN 978-981-16-1267-1
  • Digitally watermarked, DRM-free
  • Included format:
  • ebooks can be used on all reading devices
Hardcover $159.99
price for USA in USD
  • Customers within the U.S. and Canada please contact Customer Service at +1-800-777-4643, Latin America please contact us at +1-212-460-1500 (24 hours a day, 7 days a week). Pre-ordered printed titles are excluded from promotions.
  • Due: July 7, 2021
  • ISBN 978-981-16-1266-4
  • Free shipping for individuals worldwide
  • Institutional customers should get in touch with their account manager
  • Covid-19 shipping restrictions
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.

About the authors

Dr. Voraphol Malsukhum is currently a lecturer at Chulalongkorn University, teaching an array of public law courses and conducting various researches in the field of Comparative Administrative Law. He also serves as secretary of the Faculty’s Executive Board of Director and associate editor of Chulalongkorn Law Journal. His legal practice experience includes being part of the legal research team for The Legal Counsel Committee for the Prime Minister of Thailand (H.E. Abhisit Vejjajiva) and The Advisory Panel of the Thai Constitution for the Purpose of Political Harmonisation, The Royal Thai Government

Buy this book

eBook $119.00
price for USA in USD
  • The eBook version of this title will be available soon
  • Due: August 4, 2021
  • ISBN 978-981-16-1267-1
  • Digitally watermarked, DRM-free
  • Included format:
  • ebooks can be used on all reading devices
Hardcover $159.99
price for USA in USD
  • Customers within the U.S. and Canada please contact Customer Service at +1-800-777-4643, Latin America please contact us at +1-212-460-1500 (24 hours a day, 7 days a week). Pre-ordered printed titles are excluded from promotions.
  • Due: July 7, 2021
  • ISBN 978-981-16-1266-4
  • Free shipping for individuals worldwide
  • Institutional customers should get in touch with their account manager
  • Covid-19 shipping restrictions
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Bibliographic Information

Bibliographic Information
Book Title
Legal Culture, Legality and the Determination of the Grounds of Judicial Review of Administrative Action in England and Australia
Authors
Copyright
2021
Publisher
Springer Singapore
Copyright Holder
The Editor(s) (if applicable) and The Author(s), under exclusive license to Springer Nature Singapore Pte Ltd.
eBook ISBN
978-981-16-1267-1
DOI
10.1007/978-981-16-1267-1
Hardcover ISBN
978-981-16-1266-4
Edition Number
1
Number of Pages
XX, 307
Number of Illustrations
1 b/w illustrations
Topics