Regulatory Law and Practice, 2nd Edition
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While legal professionals are no strangers to regulations, the perplexity of the mechanisms to challenge the validity of regulations and rules makes regulatory law an area of specialized knowledge beyond the reach of most lawyers and government officials. The process by which regulations are made, and the controls imposed by legislatures on the law-making powers of regulators, are also a ‘black box' little understood by government officials and legislators themselves. Regulatory Law and Practice, 2nd Edition takes a multi-jurisdictional approach to regulatory law principles and regulatory processes, describing case law and regulatory processes in jurisdictions across the Commonwealth and beyond.
Part 1 discusses the discipline of regulatory law and its role in society. Part 2 explains the principles imposed by the courts to limit the exercise of regulatory powers. Part 3 outlines the principles that govern regulatory processes, and compares the strengths and weaknesses of the controls on regulatory law-making across jurisdictions. Clear, detailed, and practical, this book demystifies regulations and the process by which they are made.
Features and Benefits:
- Clear explanations of complex concepts
- Discussion of cross-jurisdictional approaches, case law and regulatory procedures - learn the principles that govern the legality of regulations and the differences in how the enactment of regulations is controlled in various jurisdictions
- Checklist of grounds for regulatory challenges - have a handy checklist for daily practice
- Discussion of regulatory reform initiatives - learn about regulatory reform initiatives in other jurisdictions and models for future reforms
An Indispensable Resource For:
- Lawyers with clients in regulated industries who must be able to examine regulations for fatal underlying weaknesses
- Government Officials who need to develop, administer, and amend regulations that are legally valid and defensible
- Government Lawyers who advise officials charged with making regulations and conduct regulatory reviews
- Legislators charged with exercising control over delegated law-making powers
Table of contents
Chapter 1: Introduction to Regulatory Law
Chapter 2: Delegated Legislation and Corruption
Chapter 3: History of Delegated Legislation
Chapter 4: What are Regulations
Chapter 5: Why Regs are Vulnerable to Challenge
Chapter 6: Defects in the Regulations Process
Chapter 7: Interpreting the Enabling Statute
Chapter 8: Subdelegation
Chapter 9: Administration Discrimination
Chapter 10: Other Implicit Limits
Chapter 11: Reasonableness
Chapter 12: Obligation to Regulate
Chapter 13: Regulatory Process Reform
Chapter 14: Scope of the Regulatory Process
Chapter 15: Regulatory Process Controls
Chapter 16: Parliamentary Oversight
Chapter 17: Options for Reform - Model Legislation
Checklist of Grounds for Regulatory Challenge
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