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Preface | |
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Table of Statutes | |
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Table of European Legislation and International Conventions, Directives and Treaties | |
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Chronological List of Statutes | |
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Table of Cases | |
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Introduction | |
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Introduction | |
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Government, Law and Justice | |
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Characteristics of the Law | |
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Constitutional foundations of the Powers of the Courts | |
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The Rule of Law | |
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The Sovereignty of Parliament | |
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Government Subject to Law | |
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The Doctrine of Ultra Vires | |
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Authorities and Functions | |
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The Central Government | |
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The Crown and Ministers | |
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The Civil Service | |
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The Law of Crown Service | |
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Some Governmental Functions | |
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Complaints against Administration | |
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Local and Devolved Government | |
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Local Administration | |
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Complaints against Local Government | |
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Police | |
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Regional Development Agencies | |
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Devolution-Scotland and Wales | |
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Scotland | |
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Wales | |
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Public Corporations, Privatisation and Regulation | |
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Public Corporations | |
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The Mechanisms of Privatisation | |
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Regulation | |
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Some Regulatory Mechanisms | |
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Regulation and Judicial Review | |
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European Influences | |
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Incorporation of European Law | |
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European Human Rights | |
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The Human Rights ACt 1998 | |
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Examples of British Violations | |
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Post-HRA | |
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Catalogue of European Human Rights | |
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The European Union | |
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Powers and Jurisdiction | |
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Legal Nature of Powers | |
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Sources of Power | |
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Express Requirements and Conditions | |
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Conclusiveness, Mistake and Fraud | |
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Power or Duty-Words Permissive or Obligatory | |
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Estoppel | |
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Waiver and Consent | |
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Res Judicata | |
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Jurisdiction Over Fact and Law | |
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Error Outside Jurisdiction | |
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Error on the Face of the Record | |
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Findings, Evidence and Jurisdiction | |
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Summary of Rules | |
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Problems of Invalidity | |
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Collateral Proceedings | |
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Partial Invalidity | |
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Standard and Burden of Proof | |
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Interim Effect of Disputed Orders | |
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Nullity and Relativity | |
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Discretionary Power | |
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Retention of Discretion | |
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Discretionary Power | |
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Delegation | |
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Surrender, Abdication, Dictation | |
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Over-rigid Policies | |
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Restriction by Contract or Grant | |
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Estoppel-Misleading Advice | |
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Abuse of Discretion | |
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Restriction of Discretion | |
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The Principle of Reasonableness | |
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Categories of Unreasonableness | |
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Mixed Motives | |
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Good Faith | |
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Subjective Language | |
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Statutory Reasonableness | |
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Natural Justice | |
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Natural Justice and Legal Justice | |
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The Rule Against Bias | |
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Judicial and Administrative Impartiality | |
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Causes of Prejudice | |
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Effects of Prejudice | |
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The Right to a Fair Hearing | |
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Audi Alteram Partem | |
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Administrative Cases | |
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Statutory Hearings | |
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The Retreat from Natural Justice | |
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The Right to be Heard Reinstated | |
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Fair Hearings-General Aspects | |
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Fair Hearings-Particular Situations | |
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Exceptions | |
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Remedies and Liability | |
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Ordinary Remedies | |
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Rights and Remedies | |
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Actions for Damages | |
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Injunctions | |
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Declarations | |
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Relator Actions | |
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Enforcement of Duties | |
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Prerogative Remedies | |
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Remedies of Public Law | |
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Habeas Corpus | |
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Certiorari (Quashing Order) and Prohibiton (Prohibiting Order) | |
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Mandamus (Mandatory Order) | |
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Boundaries of Judicial Review | |
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Marginal Situations | |
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Realms Beyond the Law | |
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Procedure of Judicial Review | |
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Defects of Prerogative Remedies | |
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The Reforms of 1977-1981 and Subsequent Developments | |
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The Divorce of Public and Private Law | |
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Restriction of Remedies | |
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The Old Law of Standing | |
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The New Law of Standing | |
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Discretion, Exhaustion, Implied Exclusion | |
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Protective and Preclusive Clauses | |
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Exclusive Statutory Remedies | |
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Default Powers | |
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Liability of Public Authorities | |
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Liability Under European Union Law | |
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Liability for Breach of Human Rights | |
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Liability in Tort Generally | |
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Negligence and Strict Liability | |
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Breach of Duty and Misfeasance | |
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Immunities and Time Limits | |
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Liability in Contract | |
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Liability to Make Restitution | |
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Liability to Pay Compensation | |
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Crown Proceedings | |
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The Crown in Litigation | |
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Liability in Tort | |
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Liability in Contract | |
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Remedies and Procedure | |
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Statutes Affecting the Crown | |
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Limitations of State Liability | |
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Suppression of Evidence in the Public Interest | |
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Administrative Legislation and Adjudication | |
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Delegated Legislation | |
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Necessity of Delegated Legislation | |
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Scope of Administrative Legislation | |
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Legal Forms and Characteristics | |
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Judicial Review | |
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Publication | |
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Preliminary Consultation | |
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Parliamentary Supervision | |
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Statutory Tribunals | |
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The Tribunal System | |
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Rights of Appeal | |
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Problems of Tribunals. The Franks Committee | |
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The Reforms of 1958 | |
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Reorganisation of Tribunals | |
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Procedure of Tribunals | |
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Appeals on Questions of Law and Discretion | |
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Table of Tribunals | |
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Statutory Inquiries | |
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The System of Inquiries | |
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Complaints and Reforms | |
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Law and Practice Today | |
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Other Inquiry Procedures | |
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Lord Diplock's Formal Statement on Judicial Review | |
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Issues that arose or came to light while this book was in the press | |
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Index | |