A theory of deference in administrative law : basis, application, and scope / Paul Daly.

Format:

Book

Author/Creator:

Daly, Paul, 1983- author.

Contributor:

Daly, Paul, 1983-

Language:

English

Subjects (All):

Judicial review of administrative acts.

Judicial review of administrative acts--England.

Judicial review of administrative acts--United States.

United States.

Judicial review of administrative acts--Canada.

Canada.

England.

Physical Description:

1 online resource (xviii, 304 pages) : digital, PDF file(s)

Place of Publication:

Cambridge : Cambridge University Press, 2012.

System Details:

text file

PDF

Summary:

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.

Contents:

Defining deference

The delegation argument

The practical justifications for curial deference

Variable standards of review

Deference, proportionality and fundamental rights

Jurisdiction, questions of law, and discretion

Deference and political questions.

Notes:

Title from publisher's bibliographic system (viewed on 05 Oct 2015).

Related Work:

Daly, Paul, 1983- Deference and standards of review in administrative Law.

Other Format:

Print version:

ISBN:

9781139179058

Access Restriction:

Restricted for use by site license.