Administrative Law: Cases and Materials / Collins Parker

• Autore: Parker Collins
• Pubblicazione: Windhoek, Namibia : , : University of Namibia Press, , [2019]; Baltimore, Md. : , : Project MUSE, , 2021; ©[2019]
• Edizione: 1st ed.
• Descrizione fisica: 1 online resource (xxxv, 440 pages)
• Disciplina: 342.06
• Soggetto topico: Administrative law; jurisprudence; administrative law; Commonwealth; Namibia; Administrative law - Namibia
• Soggetto geografico: Namibia
• Soggetto genere / forma: Casebooks (Law); Trials, litigation, etc.
• Nota di contenuto: Cover -- Title page -- Copyright page -- Contents -- Preface -- Acknowledgements -- Table of Cases. General -- Table of Cases. Selected Cases -- Table of Statutes -- 1. INTRODUCTION -- 1.1 What is administrative law? -- 1.2 Subject-matter of administrative law -- 2. JUDICIAL REVIEW OF ADMINISTRATIVE ACTION BY ADMINISTRATIVE BODIES AND OFFICIALS -- 2.1 Introduction -- 2.2 Review and appeal distinguished -- 3. NATURE , SCOPE, PRINCIPLES AND KEY FEATURES OF JUDICIAL REVIEW OF ADMINISTRATIVE ACTION BY ADMINISTRATIVE BODIES AND OFFICIALS -- 3.1 Introduction -- 3.2 Scope of judicial review -- 3.3 Principles and key features of judicial review -- 3.3.1 Principles of ultra vires and legality -- 3.3.2 Discretionary power to act and duty to act -- 3.3.3 Rule of no fettering of discretion of administrative bodies and officials -- 3.3.4 Principle of locus standi -- 3.3.5 Finality clauses -- 3.3.6 Delegation, abdication and surrender of power and external dictation in exercise of power -- 3.3.7 Requirements of fairness and justice enjoin administrative bodies and officials to give reasons for their administrative actions -- 3.3.8 No onus on administrative bodies and officials to justify their administrative actions -- 4. GROUNDS OF JUDICIAL REVIEW OF ADMINISTRATIVE ACTION BY ADMINISTRATIVE BODIES AND OFFICIALS -- 4.1 Introductory remarks -- 4.2 Common-law grounds and constitutional grounds of judicial review of administrative action by administrative bodies and officials -- 5. KEY ASPECTS IN PROCEEDINGS CONCERNING THE REMEDY OF JUDICIAL REVIEW OF ADMINISTRATIVE ACTION BY ADMINISTRATIVE BODIES AND OFFICIALS -- 5.1 Procedure in terms of Rules of the High Court -- 5.2 Proof of locus standi -- 5.3 Delay in instituting motion proceedings of judicial review of administrative action by administrative bodies and officials. ; 5.3.1 Absence of a statutory time limit within which to institute judicial review proceedings -- 5.3.2 Existence of a statutory time limit within which to institute judicial review proceedings -- 5.4 Peremptory for applicant to join and cite correct administrative body or official whose decision applicant attacks by judicial review -- 5.5 Record of proceedings required for instituting proceedings in judicial review of administrative action -- 5.6 Discovery and inspection of documents in judicial review proceedings -- 5.7 Doctrine of exhaustion of statutory domestic remedies -- 5.8 Costs in proceedings concerning judicial review of administrative action by administrative bodies and officials -- 6. CONSEQUENCES OF, AND REMEDIES FOR , UNLAWFUL AND INVALID ADMINISTRATIVE ACTION BY ADMINISTRATIVE BODIES AND OFFICIALS -- 6.1 Consequences of unlawful and invalid administrative action by administrative bodies and officials -- 6.2 Remedies for unlawful and invalid administrative action -- 6.2.1 Setting aside administrative action or setting aside administrative action and correcting it -- 6.2.2 Declaration -- 6.2.3 Interdict -- 6.2.3.1 Prohibitory interdict -- 6.2.3.2 Mandatory interdict -- Bibliography -- Index -- Back cover.
• Sommario/riassunto: Administrative Law: Cases and Materials is an important and comprehensive contribution to the legal literature on Namibian law. It will contribute to the development of Namibias jurisprudence. Experienced author and judge of the Namibian High Court, Dr Collins Parker discusses key principles of administrative law applicable to Namibia under the common law as developed and broadened by article 18 of the Namibian Constitution. To support propositions of law discussed in the text, he presents carefully selected extracts of judgments delivered in important cases. The book offers a rich source of judicial pronouncements as precedent that are not readily available to many students and teachers of law. The selected cases are from the superior courts in Namibia, South Africa, England, and Canada, all common law countries. There are also footnote references to cases from other common law countries like India, Zambia and Zimbabwe. Practitioners of law at the Bar or on the Bench, law researchers and other professionals in public authorities, including parastatals, private companies and other ord this book useful in the performance of their professional tasks.
• Titolo autorizzato: Administrative Law: Cases and Materials
• ISBN: 9789991642475; 9991642471
• Formato: Materiale a stampa
• Livello bibliografico: Monografia
• Lingua di pubblicazione: Inglese
• Record Nr.: 9910973408503321
• Lo trovi qui: Univ. Federico II