Regulatory Law and Practice, 3rd 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, 3rd 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 I discusses the discipline of regulatory law and its role in society. Part II explains the principles imposed by the courts to limit the exercise of regulatory powers. Part III 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 & Benefits
- 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
What’s New In This Edition
- Discussion of Henry VIII clauses
- New section on standard of review
- Over 400 new cases since the previous edition published six years ago
- International case law from New Zealand, Australia, the United Kingdom and Hong Kong that demonstrates both the similarities in the application of regulatory law principles in those jurisdictions, and the divergences sometimes taken
Who Should Read This Book
- 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
PART I: REGULATORY LAW
Chapter 1: Introduction to Regulatory Law
Chapter 2: Delegated Legislation and Corruption
Chapter 3: History of Delegated Legislation
Chapter 4: What are Regulations?
PART II: LEGAL CHALLENGES TO REGULATIONS
Chapter 5: Introduction to Challenging Regulations: Why Regulations are Vulnerable
Chapter 6: Defects in the Regulatory Process
Chapter 7: Interpreting the Enabling Statute
Chapter 8: Subdelegation
Chapter 9: Administrative Discrimination
Chapter 10: Other Implicit Limits on Regulatory Powers
Chapter 11: Reasonableness
Chapter 12: Obligation to Regulate
Chapter 13: Henry VIII Clauses
PART III: REGULATORY PROCESS AND PRACTICE
Chapter 14: Regulatory Process Reform
Chapter 15: Determining the Scope of the Regulatory Process
Chapter 16: Regulatory Process Controls
Chapter 17: Parliamentary Oversight of the Regulatory Process
Chapter 18: Options for Reform – Model Legislation
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