LEADER 03744nam 22006371 450 001 9910511485103321 005 20211005221717.0 010 $a1-78225-691-1 010 $a1-78225-690-3 010 $a1-78225-689-X 024 7 $a10.5040/9781782256915 035 $a(CKB)3710000000570323 035 $a(EBL)4337995 035 $a(SSID)ssj0001592191 035 $a(PQKBManifestationID)16290743 035 $a(PQKBTitleCode)TC0001592191 035 $a(PQKBWorkID)14823355 035 $a(PQKB)11292866 035 $a(MiAaPQ)EBC4337995 035 $a(OCoLC)944225302 035 $a(UtOrBLW)bpp09259735 035 $a(MiAaPQ)EBC6164103 035 $a(EXLCZ)993710000000570323 100 $a20160225d2016 uy 0 101 0 $aeng 135 $aur|n|---||||| 181 $ctxt 182 $cc 183 $acr 200 10$aSoft law and public authorities $eremedies and reform /$fGreg Weeks 210 1$aOxford ;$aPortland, Oregon :$cHart Pubishing Ltd,$d2016. 215 $a1 online resource (315 p.) 225 1 $aHart studies in comparative public law ;$vVolume 11 300 $aBased on author's thesis (doctoral - University of New South Wales, 2013), issued under title: Australian public authorities which breach their soft law : remedies and suggested reforms. 311 $a1-5099-2206-7 311 $a1-78225-688-1 320 $aIncludes bibliographical references and index. 327 $aIntroduction -- Defining soft law -- The regulatory purpose of soft law -- The regulatory effect of soft law -- Remedies premised on invalidity : the province of judicial review -- Procedural judicial review remedies -- Substantive judicial review remedies -- Court-based remedies : compensation not premised on invalidity -- Private law liability : example 1 -- Private law liability and remedies: example 2 -- The ombudsman -- Discretionary payments -- Conclusions. 330 $a"This book considers the phenomenon of soft law employed by domestic public authorities. Lawyers have long understood that public authorities are able to issue certain communications in a way that causes them to be treated like law, even though these are neither legislation nor subordinate legislation. Importantly for soft law as a regulatory tool, people tend to treat soft law as binding even though public authorities know that it is not. It follows that soft law's 'binding' effects do not apply equally between the public authority and those to whom it is directed. Consequently, soft law is both highly effective as a means of regulation, and inherently risky for those who are regulated by it. Rather than considering soft law as a form of regulation, this book examines the possible remedies when a public authority breaches its own soft law upon which people have relied, thereby suffering loss. It considers judicial review remedies, modes of compensation which are not based upon a finding of invalidity, namely tort and equity, and 'soft' challenges outside the scope of the courts, such as through the Ombudsman or by seeking an ex gratia payment."--Bloomsbury Publishing. 410 0$aHart studies in comparative public law ;$vv. 11. 606 $aAdministrative law$zAustralia 606 $aAdministrative responsibility$zAustralia 606 $aSoft law$zAustralia 606 $2Constitutional & administrative law 615 0$aAdministrative law 615 0$aAdministrative responsibility 615 0$aSoft law 676 $a342.94/06 700 $aWeeks$b Greg$c(Law teacher),$01066737 801 0$bUtOrBLW 801 1$bUtOrBLW 801 2$bUkLoBP 906 $aBOOK 912 $a9910511485103321 996 $aSoft law and public authorities$92549864 997 $aUNINA