COMMUNITY LAW AND ENGLISH LAW
In: Journal of common market studies, Volume 1, Issue 2, p. 180-186
ISSN: 1468-5965
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In: Journal of common market studies, Volume 1, Issue 2, p. 180-186
ISSN: 1468-5965
In: COMPARATIVE LAW AS TRANSNATIONAL LAW: A DECADE OF THE GERMAN LAW JOURNAL, R. Miller & P. Zumbansen, eds., Oxford University Press, 2011
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In: http://hdl.handle.net/2027/hvd.hl3knf
"Published by direction of the Government of the Federated Malay States." ; pt. 1. Wilkinson, R.J. Introductory sketch.-pt. 2. Rigby, J. The ninety-nine laws of Perak. ; Mode of access: Internet.
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In: Significant developments in the law during the war years S.D. 12
Henry Monaghan famously argued that much of constitutional interpretation takes the form of what he termed constitutional common law, a body of doctrines and rules that are constitutionally inspired but not constitutionally required and that can be altered or reversed by Congress. This Essay argues that a fair amount of ordinary administrative law qualifies as constitutional common law: Constitutional concerns permeate core administrative law doctrines and requirements, yet Congress enjoys broad power to alter ordinary administrative law notwithstanding its constitutional aspect. Unfortunately, the constitutional common law character of much of ordinary administrative law is rarely acknowledged by courts. A striking example of this lack of acknowledgment is the 2009 decision in FCC v. Fox Television Stations, Inc., in which the Supreme Court insisted that whether an agency action is "arbitrary and capricious" and whether it is unconstitutional are separate questions. Recognizing the interrelationship between constitutional law and ordinary administrative law is important both for the ongoing debate over the legitimacy of constitutional common law and for proper appreciation of the role administrative agencies can play in our constitutional order. Underlying many attacks on constitutional common law is a view of constitutional law as having a narrow and determinate scope. Yet the interwoven relationship between ordinary law and constitutional law in the administrative law context suggests this view of constitutional law is false. In addition, seeking to enforce constitutional norms through ordinary administrative law better accords with constitutional principles than efforts to segregate out the two and is likely to prove less intrusive to the policymaking prerogatives of the political branches. The better critique is not the extent to which constitutional common law surfaces in administrative contexts, but rather the lack of transparency that accompanies it.
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When elections bring about changes in the political party of the president, the shifts frequently involve a change in the philosophies that inform the approach to governing. In teaching constitutional law, administrative law, and health law, this author cautions students to consider the political content of agency actions underlying the judicial opinions studied. Examining the political and discretionary judgment government officials exercise may provide an explanation for the results or an analysis when the law does not seem to account for the agency action or court decision. This Article examines the opportunities available to an incoming administration to undo the work of its predecessor and the constraints the law imposes on the exercise of discretion. After surveying the increasing use of the Congressional Review Act to reverse the regulatory actions of a predecessor administration, Part I of the Article explores other administrative law tools available to halt or redirect regulatory actions with which an incoming administration disagrees. Part II examines some of the signature cases involving judicial review of agency action to illustrate the constraints courts may impose on changes in administrative policy. Parts III, IV, and V examine how courts have dealt with policy changes in federal health care programs and the potential impact of changes in the presidential approach to the appointment of administrative adjudicators. The Article closes with some reflections on how this author's experiences working in state and federal government have informed her view of government decision-making.
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In: Australian quarterly: AQ, Volume 26, Issue 1, p. 64
ISSN: 1837-1892
In: Ashgate international law series
In: Latin American Energy Policies
This law declares an energy crisis in the country due to high oil prices. It adopts measures in the hydrocarbon, electricity and transportation sectors in order to alleviate this crisis and to ensure the power supply to the general public. It declares a priority that the government seek international funding to invest in developing power generation projects using renewable energy. Lastly, it creates the Investment Fund for Energy Development and the Energy Crisis Fund.
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In: In Carolus Grütters & Dario Dzananovic (eds), Migration and Religious Freedom, Nijmegen, the Netherlands, Wolf Legal Publisher, 2018, pp. 177-194.
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In: [2016] Conveyancer and Property Lawyer p.255
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