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A Theory of Deference in Administrative Law

A Theory of Deference in Administrative Law

A Theory of Deference in Administrative Law Basis, Application and Scope

Author: Professor Paul Daly
Publisher: Cambridge University Press
ISBN: 9781107025516
Published In: July 2012
Format: Hardback , 328 pages
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only

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In the modern administrative state, hundreds if not thousands of officials wield powers that can be used to the benefit or detriment of individuals and corporations. When the exercise of these powers is challenged, a great deal can be at stake. Courts are confronted with difficult questions about how to apply the general principles of administrative law in different contexts. Based on a comparative theoretical analysis of the allocation of authority between the organs of government, A Theory of Deference in Administrative Law provides courts with a methodology to apply no matter how complex the subject matter. The firm theoretical foundation of deference is fully exposed and a comprehensive doctrine of curial deference is developed for application by courts in judicial review of administrative action. A wide scope is urged, spanning the whole spectrum of government regulation, thereby ensuring wide access to public law remedies.

• Places deference in administrative law on a firm theoretical footing, thereby challenging those who prefer a non-deferential approach

• Provides judges and practitioners with a concrete methodology which they can use to apply the abstract principles of judicial review

• Offers a comprehensive and integrated analysis of judicial review of administrative action, drawing important parallels and noting relevant contrasts between administrative review and constitutional review

Acknowledgements	vii
Table of cases	ix
Introduction	1
1 Defining deference	7
2 The delegation argument	36
3 The practical justifications for curial deference	70
4 Variable standards of review	137
5 Deference, proportionality and fundamental rights	186
6 Jurisdiction, questions of law and discretion	220
7 Deference and political questions	267
Conclusion	287
Index	297

Professor Paul Daly
Université de Montréal

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