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38482 results in Cambridge Textbooks

Page 1132 of 1925

  • 23 - Subsidiary Legislation

  • from Part IV - Judicial Remedies, Non-Judicial Remedies and Subsidiary Legislation
  • Stephen Thomson, City University of Hong Kong
  • Book:
    Administrative Law in Hong Kong
    Published online:
    12 December 2018
    Print publication:
    11 October 2018, pp 352-364

  • Summary

    This chapter discusses subsidiary legislation, in other words legislation made by a person or body other than the Legislative Council.It provides an overview of enactment and publication requirements, scrutiny by the Legislative Council, judicial review of subsidiary legislation and the legal status of administrative rules, departmental circulars and memoranda.It includes discussions of controversies including the subsidiary legislation made under the United Nations Sanctions Ordinance and the status of the Country Park (Designation) (Consolidation) (Amendment) Order 2010.

  • 16 - Error of Fact and Error of Law

  • from Part III - The Grounds of Judicial Review
  • Stephen Thomson, City University of Hong Kong
  • Book:
    Administrative Law in Hong Kong
    Published online:
    12 December 2018
    Print publication:
    11 October 2018, pp 190-203

  • Summary

    This chapter discusses error of fact and error of law as grounds of judicial review.It addresses both jurisdictional and non-jurisdictional error of fact, as well as the admission of fresh evidence.It then considers error of law and the uncertain approach taken to Anisminic in Hong Kong.It concludes with a consideration of the distinction between error of fact and error of law.

  • 15 - Fettering of Discretion

  • from Part III - The Grounds of Judicial Review
  • Stephen Thomson, City University of Hong Kong
  • Book:
    Administrative Law in Hong Kong
    Published online:
    12 December 2018
    Print publication:
    11 October 2018, pp 175-189

  • Summary

    This chapter gives a detailed discussion of fettering of discretion as a ground of judicial review.It begins by examining the obligation to decide, before addressing the obligation to decide with a sufficiently open mind or without a predetermined outcome.It considers both unlawful policies and the unlawful application of otherwise lawful policies.The chapter concludes with a discussion of fettering through contract.

Page 1132 of 1925