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Soft Law and Public Authorities


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Table of Contents

1. Introduction PART I: THE RISE OF SOFT LAW: DEFINITIONS AND ISSUES 2. Defining Soft Law 3. The Regulatory Purpose of Soft Law 4. The Regulatory Effect of Soft Law PART II: COURT-BASED REMEDIES 5. Remedies Premised on Invalidity: The Province of Judicial Review 6. Procedural Judicial Review Remedies 7. Substantive Judicial Review Remedies 8. Court-based Remedies: Compensation not Premised on Invalidity 9. Private Law Liability: Example 1 10. Private Law Liability and Remedies: Example 2 PART III: NON-JUDICIAL REMEDIES 11. The Ombudsman 12. Discretionary Payments 13. Conclusions

About the Author

Greg Weeks is Senior Lecturer in the Faculty of Law, University of New South Wales.


This is an important book which repays reading as a whole before returning to consider at greater depth particular insights which its parts contain. I congratulate Dr Weeks on writing it. -- Alan Robertson * PLR *
The book provides an extensive examination of Australia's use of soft law, against the background of Australian public law,(...). The examination demonstrates Dr Weeks's deep understanding of public, particularly administrative, law and its current jurisprudence. This work is an invaluable source of information about the law and developments in the area of soft law enriched by its references to the broader background of Australian public law. -- Robin Creyke Emeritus Professor, ANU * Australian Journal of Administrative Law *
This book is the leading work on soft law in Australia for academics and law reformers alike.Its value for practitioners is in the author's exploration of the possible remedies available when a public authority breaches its own soft law. The author offers an insightful perspective for practitioners seeking to challenge government decisions that do not accord with government policy and to explore the proposition that the categories of jurisdictional error are not closed. -- Rachael Gray Barrister, Adelaide * Australian Law Journal *
Weeks has cast light on important aspects of this very large topic. For that we are in his debt. -- Peter Cane Christ's College, Cambridge * Torts Law Journal *

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