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Administrative Law and Judicial Deference

Administrative Law and Judicial Deference

Name: Administrative Law and Judicial Deference
Brand: Hart Publishing
SKU: 9781849462778
Price: 1261.00 HKD
Availability: InStock
Author: Matthew Lewans
ISBN: 9781849462778

By Matthew Lewans

Hart Publishing January 2016

Specifications

ISBN-13: 9781849462778
Publisher: Hart Publishing
Publication: January 2016
Format: Hardback
Jurisdiction: U.K. ? Countri(es) for reference only

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Paperback

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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 one hundred 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.

1. A Question About Administrative Law

2. Rethinking the Diceyan Dialectic

3. The Legacy of the Diceyan Dialectic

4. Constitutionalism, Judicial Restraint, and Administrative Law

5. From Formalism to Reasonable Justifi cation

6. Authority, Legitimacy, and Legality in Administrative Law

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