The Constitution, Administration and Laws of the Empire
Author: Arthur Berriedale Keith
Publisher:
Published: 1924
Total Pages: 390
ISBN-13:
DOWNLOAD EBOOK →Author: Arthur Berriedale Keith
Publisher:
Published: 1924
Total Pages: 390
ISBN-13:
DOWNLOAD EBOOK →Author: A. B. Keith
Publisher:
Published: 1924-06-01
Total Pages:
ISBN-13: 9780404543037
DOWNLOAD EBOOK →Author: Adrian Vermeule
Publisher: Harvard University Press
Published: 2016-11-14
Total Pages: 208
ISBN-13: 0674974719
DOWNLOAD EBOOK →Adrian Vermeule argues that the arc of law has bent steadily toward deference to the administrative state, which has greater democratic legitimacy and technical competence to confront issues such as climate change, terrorism, and biotechnology. The state did not shove lawyers and judges out of the way; they moved freely to the margins of power.
Author: A. V. Dicey
Publisher: OUP Oxford
Published: 2013-10-17
Total Pages: 571
ISBN-13: 0191508977
DOWNLOAD EBOOK →This book provides a complement to Dicey's The Law of the Constitution. These largely unpublished comparative constitutional lectures were written for different versions of a comparative constitutional book that Dicey began but did not finish prior to his death in 1922. The lectures were a pioneering venture into comparative constitutionalism and reveal an approach to legal education broader than Dicey is widely understood to have taken. Topics discussed include English, French, American, and Prussian constitutionalism; the separation of powers; representative government; and federalism. The volume begins with an editorial introduction examining the implications of these comparative lectures and Dicey's early foray into comparative constitutionalism for his general constitutional thought, and the kinds of response it has elicited.
Author: Adrian Vermeule
Publisher: Harvard University Press
Published: 2016-11-14
Total Pages: 267
ISBN-13: 0674971442
DOWNLOAD EBOOK →Adrian Vermeule argues that the arc of law has bent steadily toward deference to the administrative state, which has greater democratic legitimacy and technical competence to confront issues such as climate change, terrorism, and biotechnology. The state did not shove lawyers and judges out of the way; they moved freely to the margins of power.
Author: Hirobumi It
Publisher: Theclassics.Us
Published: 2013-09
Total Pages: 58
ISBN-13: 9781230449159
DOWNLOAD EBOOK →This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1889 edition. Excerpt: ...function of the courts of justice to try cases of law, a Court of Administrative Litigation is to be especially established? The proper function of judicial courts is to adjudicate in civil cases, and they have no power to annul measures ordered to be carried out by administrative authorities, who have been charged with their duties by the Constitution and the law. For, the independence of the administrative of the judicature is just as necessary as that of the judicature itself. Were administrative measures placed under the control of the judicature, and were courts of justice charged with the duty of deciding whether a particular administrative measure was or was not proper, administrative authorities would be in a state of subordination to judicial functionaries. The consequence would be that the administrative would be deprived of freedom of action in securing benefits to society and happiness to the people. Administrative authorities carry out measures by virtue of their official functions, and for these measures they lie under constitutional responsibility, and it follows that they ought to possess power to remove obstacles in the path of these meainflue: sures, and to decide upon suits springing from the carrying out of them. For, should the administrative be denied this power, its executive efficacy would be entirely paralized, and it would no longer be able to discharge the responsibilities put upon it by the Constitution. This is the first reason why it is necessary to establish a Court of Administrative Litigation in addition to judicial courts. As the object of an administrative measure is to maintain public interests, it will become necessary under certain circumstances to sacrifice individuals for the sake of the public...
Author: A.V. Dicey
Publisher: Springer
Published: 1985-09-30
Total Pages: 729
ISBN-13: 134917968X
DOWNLOAD EBOOK →A starting point for the study of the English Constitution and comparative constitutional law, The Law of the Constitution elucidates the guiding principles of the modern constitution of England: the legislative sovereignty of Parliament, the rule of law, and the binding force of unwritten conventions.
Author: Cass R. Sunstein
Publisher: Harvard University Press
Published: 2020-09-15
Total Pages: 209
ISBN-13: 0674247531
DOWNLOAD EBOOK →From two legal luminaries, a highly original framework for restoring confidence in a government bureaucracy increasingly derided as “the deep state.” Is the modern administrative state illegitimate? Unconstitutional? Unaccountable? Dangerous? Intolerable? American public law has long been riven by a persistent, serious conflict, a kind of low-grade cold war, over these questions. Cass Sunstein and Adrian Vermeule argue that the administrative state can be redeemed, as long as public officials are constrained by what they call the morality of administrative law. Law and Leviathan elaborates a number of principles that underlie this moral regime. Officials who respect that morality never fail to make rules in the first place. They ensure transparency, so that people are made aware of the rules with which they must comply. They never abuse retroactivity, so that people can rely on current rules, which are not under constant threat of change. They make rules that are understandable and avoid issuing rules that contradict each other. These principles may seem simple, but they have a great deal of power. Already, without explicit enunciation, they limit the activities of administrative agencies every day. But we can aspire for better. In more robust form, these principles could address many of the concerns that have critics of the administrative state mourning what they see as the demise of the rule of law. The bureaucratic Leviathan may be an inescapable reality of complex modern democracies, but Sunstein and Vermeule show how we can at last make peace between those who accept its necessity and those who yearn for its downfall.