A Theory Of Deference In Administrative Law
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A Theory of Deference in Administrative Law
Author | : Paul Daly |
Publsiher | : Cambridge University Press |
Total Pages | : 323 |
Release | : 2012-06-28 |
Genre | : Law |
ISBN | : 9781107025516 |
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Paul Daly develops a theory concerning the appropriate allocation of authority between courts and administrative bodies.
A Theory of Deference in Administrative Law
Author | : Paul Daly |
Publsiher | : Unknown |
Total Pages | : 304 |
Release | : 2012 |
Genre | : Judicial review of administrative acts |
ISBN | : 1139527630 |
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Paul Daly develops a theory concerning the appropriate allocation of authority between courts and administrative bodies.
Deference to the Administration in Judicial Review
Author | : Guobin Zhu |
Publsiher | : Springer Nature |
Total Pages | : 445 |
Release | : 2019-11-23 |
Genre | : Law |
ISBN | : 9783030315399 |
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This book investigates judicial deference to the administration in judicial review, a concept and legal practice that can be found to a greater or lesser degree in every constitutional system. In each system, deference functions differently, because the positioning of the judiciary with regard to the separation of powers, the role of the courts as a mechanism of checks and balances, and the scope of judicial review differ. In addition, the way deference works within the constitutional system itself is complex, multi-faceted and often covert. Although judicial deference to the administration is a topical theme in comparative administrative law, a general examination of national systems is still lacking. As such, a theoretical and empirical review is called for. Accordingly, this book presents national reports from 15 jurisdictions, ranging from Argentina, Canada and the US, to the EU. Constituting the outcome of the 20th General Congress of the International Academy of Comparative Law, held in Fukuoka, Japan in July 2018, it offers a valuable and unique resource for the study of comparative administrative law.
Administrative Law and Judicial Deference
Author | : Matthew Lewans |
Publsiher | : Bloomsbury Publishing |
Total Pages | : 272 |
Release | : 2016-01-28 |
Genre | : Law |
ISBN | : 9781782253365 |
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In recent years, the question whether judges should defer to administrative decisions has attracted considerable interest amongst public lawyers throughout the common law world. This book examines how the common law of judicial review has responded to the development of the administrative state in three different common law jurisdictions – the United Kingdom, the United States of America and Canada – over the past 100 years. This comparison demonstrates that the idea of judicial deference is a valuable feature of modern administrative law, because it gives lawyers and judges practical guidance on how to negotiate the constitutional tension between the democratic legitimacy of the administrative state and the judicial role in maintaining the rule of law.
Judicial Deference to Administrative Tribunals in Canada
Author | : Joseph T. Robertson,Peter A. Gall,Paul Daly |
Publsiher | : Unknown |
Total Pages | : 270 |
Release | : 2014 |
Genre | : Judicial review of administrative acts |
ISBN | : 0433478497 |
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"These are just some of the issues that are addressed in this new volume of essays, Judicial Deference to Administrative Tribunals in Canada: Its History and Future. Written by three of the country's leading experts on the subject, this collection of commentaries critiquing the Supreme Court of Canada's jurisprudence on the principle of judicial deference offers an authoritative overview of the evolution and development of the doctrine."--Résumé de l'éditeur.
Understanding Administrative Law in the Common Law World
Author | : Paul Daly |
Publsiher | : Oxford University Press |
Total Pages | : 321 |
Release | : 2021 |
Genre | : Law |
ISBN | : 9780192896919 |
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A new framework for understanding contemporary administrative law, through a comparative analysis of case law from Australia, Canada, England, Ireland, and New Zealand. The author argues that the field is structured by four values: individual self-realisation, good administration, electoral legitimacy and decisional autonomy.
Judging at the Interface
Author | : Esmé Shirlow |
Publsiher | : Cambridge University Press |
Total Pages | : 381 |
Release | : 2021-02-18 |
Genre | : Law |
ISBN | : 9781108490979 |
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This book investigates how international adjudicators defer to State decision-making authority, and what that reveals about the domestic-international interface.
Law s Abnegation
Author | : Adrian Vermeule |
Publsiher | : Harvard University Press |
Total Pages | : 208 |
Release | : 2016-11-14 |
Genre | : Law |
ISBN | : 9780674974715 |
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Adrian Vermeule argues that the arc of law has bent steadily toward deference to the administrative state, which has greater democratic legitimacy and technical competence to confront issues such as climate change, terrorism, and biotechnology. The state did not shove lawyers and judges out of the way; they moved freely to the margins of power.