Soft law and public authorities : remedies and reform
Author(s)
Bibliographic Information
Soft law and public authorities : remedies and reform
(Hart studies in comparative public law)
Hart, 2016
Available at 3 libraries
  Aomori
  Iwate
  Miyagi
  Akita
  Yamagata
  Fukushima
  Ibaraki
  Tochigi
  Gunma
  Saitama
  Chiba
  Tokyo
  Kanagawa
  Niigata
  Toyama
  Ishikawa
  Fukui
  Yamanashi
  Nagano
  Gifu
  Shizuoka
  Aichi
  Mie
  Shiga
  Kyoto
  Osaka
  Hyogo
  Nara
  Wakayama
  Tottori
  Shimane
  Okayama
  Hiroshima
  Yamaguchi
  Tokushima
  Kagawa
  Ehime
  Kochi
  Fukuoka
  Saga
  Nagasaki
  Kumamoto
  Oita
  Miyazaki
  Kagoshima
  Okinawa
  Korea
  China
  Thailand
  United Kingdom
  Germany
  Switzerland
  France
  Belgium
  Netherlands
  Sweden
  Norway
  United States of America
Note
Based on author's thesis (doctoral - University of New South Wales, 2013), issued under title: Australian public authorities which breach their soft law : remedies and suggested reforms
Includes bibliographical references and index
Contents of Works
- Defining soft law
- The regulatory purpose of soft law
- The regulatory effect of soft law
- Remedies premised on invalidity : the province of judicial review
- Procedural judicial review remedies
- Substantive judicial review remedies
- Court-based remedies : compensation not premised on invalidity
- Private law liability : example 1
- Private law liability and remedies : example 2
- The ombudsman
- Discretionary payments
Description and Table of Contents
Description
This book considers the phenomenon of soft law employed by domestic public authorities. Lawyers have long understood that public authorities are able to issue certain communications in a way that causes them to be treated like law, even though these are neither legislation nor subordinate legislation. Importantly for soft law as a regulatory tool, people tend to treat soft law as binding even though public authorities know that it is not. It follows that soft law's 'binding' effects do not apply equally between the public authority and those to whom it is directed. Consequently, soft law is both highly effective as a means of regulation, and inherently risky for those who are regulated by it. Rather than considering soft law as a form of regulation, this book examines the possible remedies when a public authority breaches its own soft law upon which people have relied, thereby suffering loss. It considers judicial review remedies, modes of compensation which are not based upon a finding of invalidity, namely tort and equity, and 'soft' challenges outside the scope of the courts, such as through the Ombudsman or by seeking an ex gratia payment.
Table of Contents
1. Introduction
PART I: THE RISE OF SOFT LAW: DEFINITIONS AND ISSUES
2. Defining Soft Law
3. The Regulatory Purpose of Soft Law
4. The Regulatory Effect of Soft Law
PART II: COURT-BASED REMEDIES
5. Remedies Premised on Invalidity: The Province of Judicial Review
6. Procedural Judicial Review Remedies
7. Substantive Judicial Review Remedies
8. Court-based Remedies: Compensation not Premised on Invalidity
9. Private Law Liability: Example 1
10. Private Law Liability and Remedies: Example 2
PART III: NON-JUDICIAL REMEDIES
11. The Ombudsman
12. Discretionary Payments
13. Conclusions
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