English public law
著者
書誌事項
English public law
（Oxford English law）
Oxford University Press, 2004
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注記
"Constitutional law, grounds for judicial review, public law remedies, criminal law"--Spine
Includes bibliographical references (p. 1413-1445) and index
内容説明・目次
内容説明
This work sets out to become the essential first point of reference on English public law for lawyers in the UK and worldwide. Written by a team of leading English experts in the public law field, this companion volume to English Private Law examines all the key areas of public law: constitutional law, human rights, administrative law, judicial review, and criminal law. Contained within a single volume lawyers will find an authoritative and well-organized analysis of the English law on these subjects. Regular supplements will keep the work fully up-to-date between editions.
目次
- PART ONE: CONSTITUTIONAL LAW
- 1. Constitutional Fundamentals
- (a) Fundamental principles
- (b) Sources of law and the hierarchy of norms
- 2. The Law of Parliament
- (a) The constitution of Parliament and its role in government formation
- (b) The powers and privileges of Parliament
- (c) The legislative supremacy of Parliament and its limits
- 3. The Nature, Powers, and Accountability of Central Government
- (a) The nature of central government in the United Kingdom
- (b) The domestic and international legal powers of central government
- (c) Accountability of central government
- 4. The Structure, Powers and Accountability of Local Government
- (a) Introduction and background
- (b) Local authorities in English law
- (c) Other institutions for local governance
- 5. The Powers and Accountability of Agencies and Regulators
- (a) Introduction
- (b) General principles
- (c) Agencies for economic regulation
- (d) Agencies for non-economic regulation
- (e) Conclusions
- 6. The Constitutional Position of the Judiciary
- (a) Constitutional role of the judiciary
- (b) Independence of the judiciary
- (c) The relationship of the courts with parliament
- (d) The relationship of the judiciary with the executive
- (e) Liability for the exercise of judicial power
- PART TWO: STANDARDS FOR LEGAL ACCOUNTABILITY IN PUBLIC LAW: HUMAN RIGHTS AND JUDICIAL REVIEW
- 7. Standards of Review and Human Rights in English Law
- (a) The nature of legal standards for scrutinizing official action
- (b) The historical background to and use of human rights in English law apart from the Human Rights Act 1998
- (c) The Human Rights Act 1998
- (d) General principles governing the application of convention rights
- (e) Conclusion
- 8. Rights to Life, Physical and Moral Integrity, Freedom of Lifestyle and Religion or Belief
- (a) Introdcution
- (b) The right to life
- (c) The right to be free of torture and inhuman and degrading treatment and punishment
- (d) Freedom from slavery and forced labour
- (e) Liberty of the person
- (f) Privacy, lifestyle and related rights
- (g) The right to marry and found a family
- (h) Freedom of thought, conscience and religion
- 9. Political Rights
- (a) Introduction
- (b) The protection of freedom of expression
- (c) Permitted restrictions on freedom of expression
- (d) The scope of freedom of peaceful assembly and association
- (e) Free elections
- (g) Conclusion
- 10. Social, Economic, and Cultural Rights
- (a) Introduction
- (b) The nature of socio-economic rights
- (c) Sources of socio-economic rights
- (d) Application of social rights in domestic law
- (e) Alternatives to courts
- (f) Conclusion
- 11. Equality and Non-Discrimination
- (a) Introduction
- (b) History and sources
- (c) Conceptions of equality and non-discrimination applicable in English public law
- 12. Due Process Rights
- (a) Introduction
- (b) Article 6 ECHR
- 13. Fundamental Principles of Administrative Law
- (a) Sovereignty
- (b) The rule of law
- (c) The separation of power
- 14. Grounds for Judicial Review: Illegality in the Strict Sense
- (a) Introduction
- (b) The body must have legal authority to act
- (c) Public bodies must exercise the discretionary power that has been conferred upon them
- (d) The proper purpose principle
- (e) The relevancy principle
- (f) Illegality and s 6 of the Human Rights Act
- 15. Grounds for Judicial Review: Due Process, Natural Justice and Fairness
- (a) Introduction
- (b) Procedural fairness
- (c) Non-compliance with statutory procedural requirements
- (d) The common law and Article 6(1) ECHR
- 16. Grounds for Judicial Review: Substantive Control Over Discretion
- (a) Irrationality and proportionality
- (b) Substantive legitimate expectations
- (c) Equality
- PART THREE: REMEDIES IN PUBLIC LAW
- 17. Access to Mechanisms of Administrative Law
- (a) The legal foundations of the judicial review procedure
- (b) The procedure for seeking judicial review
- (c) Standing to seek judicial review
- (d) Disclosure and inspection
- (e) The exclusivity principle
- (f) The scope of the judicial review procedure: 'Public law' cases
- (g) The effect of alternative remedies
- 18. Remedies Available in Judicial Review Proceedings
- (a) Introduction
- (b) Final remedies
- (c) Interim remedies
- (d) Discretion not to grant remedies
- (e) Non-judicial review remedies that may be claimed in association with judicial review proceedings
- 19. Remedies for Violations of Convention Rights
- (a) Rights and remedies in the Human Rights Act 1998
- (b) The availability of remedies in actions brought to assert convention rights
- (c) Remedies available when convention rights are used as a defence
- (d) The impact of convention rights on remedies in other proceedings
- (e) Conclusion
- 20. Tribunals
- (a) Characteristics of tribunals
- (b) Background
- (c) The present range of tribunals
- (d) The relationship between tribunals and 'sponsoring' departments
- (e) Tribunal composition
- (f) The relationship between tribunals and courts
- (g) The Council on tribunals
- (h) Procedures
- (i) A tribunals system?
- (j) Postscript
- 21. Investigations by the Public Sector Ombudsmen
- (a) Introduction
- (b) The parliamentary commissioner for administration
- (c) The health service commissioner
- (d) The commissions for local administration
- (e) The relationship between the public sector ombudsmen and the information commissioner
- (f) Evaluation and future reform
- 22. Public Inquiries as a Part of Public Administration
- (a) Introduction
- (b) Inquiries into appeals and objections: The planning inquiries model
- (c) Hearings, written representations and major inquiries
- (d) Examinations in public
- (e) Inquiries into scandals, accidents and other matters of public concern
- (f) Complaints about inquiries
- PART FOUR: CRIMINAL LAW, PROCEDURE AND SENTENCING
- 23. English Criminal Procedure
- (a) Introduction
- (b) The organs of criminal justice
- (c) Pre-trial procedure
- (d) The decision to prosecute
- (e) Jurisdiction of English courts
- (f) Classification of offences and mode of trial
- (g) Bail
- (h) Speedy trial and custody time limits
- (i) Disclosure
- (j) Committal proceedings and alternatives
- (k) Criminal pleedings
- (l) Trial
- (m) Appeals
- 24. General Principles of Criminal Law
- (a) Origins, structure and sources
- (b) Criminal capacity
- (c) Criminal conduct
- (d) Fault requirements
- (e) Justificatory defences
- (f) Excusatory and other defences
- (g) Inchoate offences
- (h) Complicity
- 25. Offences Against the Person
- (a) Homicide
- (b) The assaults
- (c) Sexual offences
- 26. Offences Against Property
- (a) Theft
- (b) Robbery
- (c) Deception
- (d) Fraudelent debtors
- (e) Burglary
- (f) Blackmail
- (g) Documents offences
- (h) Handlling stolen property
- (i) Criminal damage
- (j) Computer misuse
- (k) Corruption
- (l) Forgery
- (m) Conspiracy to defraud
- (n) Miscellaneous offences
- 27. Offences Against the State, Public Order, Public Morality and Decency
- (a) The state
- (b) Public order
- (c) Public morality and decency
- 28. Principles of Sentencing
- (a) Introduction
- (b) Compliance with human rights requirements
- (c) Parliament and the courts
- (d) Over-arching principles of sentencing
- (e) General principles
- (f) Mitigation and aggravation
- (g) The role of the victim in sentencing
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