Soft Law and Public Authorities

Remedies and Reform
NIPPOD
ISBN: 978-1-5099-2206-2
Verlag: Hart Publishing

Buch, Englisch, 320 Seiten, Paperback, Format (B × H): 166 mm x 242 mm, Gewicht: 560 g

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.

Autoren/Hrsg.

Weeks, Greg

Fachgebiete

• Rechtswissenschaften Ausländisches Recht Common Law (UK, USA, Australien u.a.)

Inhaltsverzeichnis

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

Über Autor(innen)

Weeks, Greg
Greg Weeks is a Professor in the ANU College of Law at the Australian National University, Australia.

Greg Weeks is Senior Lecturer in the Faculty of Law, University of New South Wales.