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The Frontiers of Public Law

Editor(s): Jason NE Varuhas, Shona Wilson Stark
Media of The Frontiers of Public Law
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Published: 12-12-2019
Format: Hardback
Edition: 1st
Extent: 544
ISBN: 9781509930371
Imprint: Hart Publishing
Dimensions: 244 x 169 mm
RRP : £85.00
 

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Loren Epson

About The Frontiers of Public Law

This major collection contains selected papers from the third Public Law Conference, an international conference hosted by the University of Melbourne in July 2018. The collection includes contributions by leading academics and senior judges from across the common law world, including Australia, Canada, New Zealand, the United Kingdom and the United States. The collection explores the frontiers of public law, examining the intersection of public law with other signficant fields, and considering the possibilities for legal thought and legal development at public law's edges. The essays provide striking insights into public law, and its place within the wider legal landscape. The collection addresses four principal frontiers of public law – public law and international law; public law and indigenous law, rights and culture; public law and other domestic fields including private law and criminal law; and public law and public administration. In common with the two previous books in the Public Law Conference series, this collection provides invaluable insights at the cutting-edge of public law, and is a must-have for those working in the field.

Table Of Contents

1. Introduction: The Frontiers of Public Law
Jason NE Varuhas and Shona Wilson Stark

PART 1
PUBLIC LAW AND INTERNATIONAL LAW
2. Global Constitutionalism: Myth and Reality
Cheryl Saunders
3. Frontiers of Global Administrative Law in the 2020s
Benedict Kingsbury
4. National Security Policy-making in the Shadow of International Law: The Case of the PPG
Laura A Dickinson
5. Public Law in the UK after Brexit
Jack Beatson and Emma Foubister

PART 2
PUBLIC LAW AND INDIGENOUS PEOPLES
6. Indigenous Rights, Judges and Judicial Review in New Zealand
Matthew SR Palmer
7. Coming to Terms with Communal, Land-related Decision-making by Aboriginal and/or Torres Strait Islander Peoples in a Public Law Context
Debbie Mortimer
8. Representing Jurisdiction: Decolonising Administrative Law in a Multijural State
Mary Liston
9. From the Heart: The Indigenous Challenge to Australian Public Law
Kirsty Gover
10. Public Law, Legitimacy and Indigenous Aspirations
Harry Hobbs
11. Places as Persons: Creating a New Framework for Maori-Crown Relations
Andrew Geddis and Jacinta Ruru

PART 3
PUBLIC LAW, CRIMINAL LAW AND PRIVATE LAW
12. Changing Boundaries: Crime, Punishment and Public Law
David Feldman
13. Discretionary Power and Consistency: Is the Sentencing Discretion Different?
Chris Maxwell
14. Public and Private Law: A Redundant Divide
Carol Harlow
15. The 'Contracting State' and the Public/Private Divide
ACL Davies
16. Public and Private Boundaries of Administrative Law
Margaret Allars

PART 4
PUBLIC LAW AND PUBLIC ADMINISTRATION
17. The Nature and Bounds of Executive Power: Keeping Pace with Change
KM Hayne
18. Peering into the Black Box of Executive Power: Cabinet Manuals, Secrecy and the Identification of Convention
Anne Twomey
19. Fomenting Authoritarianism Th rough Rules About Rulemaking
Kathryn E Kovacs
20. Non-fettering, Legitimate Expectations and Consistency of Policy: Separate Compartments or Single Principle?
Shona Wilson Stark
21. The In-between Space of Administrative Justice: Reconciling Norms
at the Front Lines of Social Assistance Agencies
Jennifer Raso
22. A 'Culture of Justification'? Police Interpretation and Application of the Human Rights Act 1998
Richard Martin

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