The Experts below are selected from a list of 204 Experts worldwide ranked by ideXlab platform

Paul Daly - One of the best experts on this subject based on the ideXlab platform.

  • leading works in public Law de smith s judicial review of administrative action stevens sons london 1959
    Social Science Research Network, 2021
    Co-Authors: Paul Daly
    Abstract:

    In his classic text, Judicial Review of Administrative Action, Professor de Smith drew out from the prerogative writs a body of general principles relating to judicial review of administrative action. Published in 1959, de Smith’s book wove a principled pattern from disparate strands of jurisprudence. His landmark work set the scene for the development of a Common Law tapestry of judicial review of administrative action, which by the end of the century had definitively replaced the earlier patchwork quilt of case Law. I begin with an introduction to the author of the text and a description of the 1959 text (“The Work”). Subsequently, I explain the background against which the text was written (“The Context). I then consider its importance in the development of contemporary administrative Law (“The Significance”). I conclude by considering the evolution of Judicial Review of Administrative Action in the decades after its progenitor’s death and the evolution of the Law of judicial review of administrative action (“The Legacy”). In both its creation and its evolution in the hands of others, Judicial Review of Administrative Action has been of central importance to the Common Law Tradition of administrative Law.

  • Updating the Procedural Law of Judicial Review of Administrative Action
    2018
    Co-Authors: Paul Daly
    Abstract:

    The substantive Law of judicial review of administrative action has grown in leaps and bounds in recent decades. However, the procedural Law has lagged behind. On issues such as the content of the record on judicial review applications, the extent to which administrative decision-makers can participate in judicial reviews of their decisions, superior court review of federal prison decisions and tribunals’ capacity to reconsider their decisions, Canadian courts have recently come under pressure to update the procedural Law to bring it into line with the substantive Law. I develop a set of considerations which courts ought to keep in mind when updating the procedural Law. Courts should not automatically assume that the procedural Law of judicial review must move in lockstep with its substance. Wary of the dynamic relationship between procedure and substance in the Common Law Tradition, mindful of constitutional fundamentals and sensitive to the need to develop the Common Law in an incremental fashion, consistent with those values that are immanent in the Law, the judges should exercise caution in reshaping the procedural Law of judicial review of administrative action. I apply the set of considerations to four areas of procedural Law, concluding that Canadian courts have struggled with some issues – tribunal reconsideration and tribunal standing – but have done reasonably well on others – superior court jurisdiction over federal prisons and the content of the record. Indeed, the latter provides a model for the future development of the procedural Law of judicial review of administrative action by Canadian courts.

Emily Kidd White - One of the best experts on this subject based on the ideXlab platform.

  • replaying the past roles for emotion in judicial invocations of legislative history and precedent
    Oñati Socio-legal Series, 2019
    Co-Authors: Emily Kidd White
    Abstract:

    Legal reasoning in the Common Law Tradition requires judges to draw on concepts, and examples that are meant to resonate with a particular emotional import and operate in judicial reasoning as though they do. Judicial applications of constitutional rights are regularly interpreted by reference to past violations (either through precedent, contextual framings, and/or legislative history), which in turn elicit a series of emotions which work to deepen and intensify judicial understandings of a right guarantee (freedom of association, freedom of expression, equality, security of the person, etc.). This paper examines the way in which invocations of past political histories, and rights abuses (however ill or well-defined), work to conjure up a set of service emotions (emotions which work to establish a particular frame of mind), which guide judicial applications of doctrine in cases concerning an alleged violation of a constitutional right. El razonamiento juridico en la tradicion de derecho consuetudinario exige que los jueces partan de conceptos y de ejemplos que se supone se hacen eco de un significado emocional concreto y que, en el razonamiento judicial, operan como si de hecho asi fuera. La aplicacion judicial de derechos constitucionales se interpreta generalmente por medio de referencias a delitos anteriores (a traves de encuadres contextuales precedentes o bien a traves de la historia legislativa), lo que, a su vez, invoca una serie de emociones que profundizan e intensifican la interpretacion judicial de una garantia juridica (libertad de asociacion, libertad de expresion, igualdad, seguridad de la persona, etc.). Este articulo analiza la forma en que las invocaciones a la historia politica o a abusos de derechos (por mal o bien definidos que esten) sirven para formar un conjunto de emociones de servicio (que sirven para establecer un estado de animo concreto), que guian la aplicacion judicial de la doctrina en casos de presuntas violaciones de derechos constitucionales. Available from: https://doi.org/10.35295/osls.iisl/0000-0000-0000-1105

  • replaying the past roles for emotion in judicial invocations of legislative history and precedent
    2019
    Co-Authors: Emily Kidd White
    Abstract:

    Legal reasoning in the Common Law Tradition requires judges to draw on concepts, and examples that are meant to resonate with a particular emotional import and operate in judicial reasoning as though they do. Judicial applications of constitutional rights are regularly interpreted by reference to past violations (either through precedent, contextual framings, and/or legislative history), which in turn elicit a series of emotions which work to deepen and intensify judicial understandings of a right guarantee (freedom of association, freedom of expression, equality, security of the person, etc.). This paper examines the way in which invocations of past political histories, and rights abuses (however ill or well-defined), work to conjure up a set of service emotions (emotions which work to establish a particular frame of mind), which guide judicial applications of doctrine in cases concerning an alleged violation of a constitutional right.

Alexandre Biard - One of the best experts on this subject based on the ideXlab platform.

  • international commercial courts in france innovation without revolution
    Social Science Research Network, 2019
    Co-Authors: Alexandre Biard
    Abstract:

    In 2018, in the wake of Brexit, the French legal profession took several important measures to strengthen the competitiveness of France and the French legal system, and to make Paris an attractive go-to point when businesses have to deal with international commercial litigation. On close examination, Brexit is only the tip of the iceberg and has mostly served as a catalyst. The reasons for the development of international commercial courts in France are manifold. They are the consequences of long-standing efforts aimed at boosting the French judicial marketplace to adapt it to the requirements of globalisation and to the expectations of multinational corporations. The setting up of the French international business courts has made several procedural adjustments necessary. Although these adjustments undoubtedly represent clear innovations, they do not constitute a full-blown revolution. France has indeed decided to maximise the existing procedural rules, together with developing a new organisational format inspired by the Common Law Tradition. Although it is too early to clearly assess the impact of these new developments, it is essential to keep our ears to the ground and to be forward-looking. We should carefully consider the possible side effects on the French justice system as a whole and, in particular, reflect on whether these international commercial courts might, in the future, open the door to a broader, far-reaching evolution within the judicial system. Finally, the current multiplication of international business courts across Europe triggers some questions concerning the role and potential added value of a European Union initiative in this domain.

Philippe Pradal - One of the best experts on this subject based on the ideXlab platform.

  • le restatement les etats unis entre Tradition civiliste et Tradition de Common Law restatements the united states between civil and Common Law Traditions
    Social Science Research Network, 2010
    Co-Authors: Philippe Pradal
    Abstract:

    Le restatement est une technique juridique originale de droit americain, developpee par l’American Legal Institute. Reformulation des differents domaines du droit positif americain, elaboree a partir de l’etude meticuleuse de la jurisprudence, les restatements viennent au secours du juge americain dans l’elaboration de sa decision. Proche d’une entreprise de codification, les restatements sont autant de ponts avances entre Tradition civiliste et Tradition de Common Law. Leur etude permet de mettre en lumiere les correspondances entre le raisonnement du juge americain et celui du juge francais.Restatements are original legal tools of American Law, developed by the American Legal Institute. Restating various fields of American the Law, and made through comprehensive studies of the case Law, the Restatements often help American justices in the making of their opinions. Close to a codification process, Restatements are advanced bridges between Civil Law Tradition and Common Law Tradition. Their study allows bringing to light correspondences between French and American judges.

Elizabeth Wells - One of the best experts on this subject based on the ideXlab platform.