A Theory Of Deference In Administrative Law
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A Theory Of Deference In Administrative Law
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Author : Paul Daly
language : en
Publisher: Cambridge University Press
Release Date : 2012-06-28
A Theory Of Deference In Administrative Law written by Paul Daly and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-06-28 with Law categories.
Paul Daly develops a theory concerning the appropriate allocation of authority between courts and administrative bodies.
A Theory Of Deference In Administrative Law
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Author : Paul Daly
language : en
Publisher:
Release Date : 2012
A Theory Of Deference In Administrative Law written by Paul Daly and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with Judicial review of administrative acts categories.
Paul Daly develops a theory concerning the appropriate allocation of authority between courts and administrative bodies.
Administrative Law And Judicial Deference
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Author : Matthew Lewans
language : en
Publisher: Hart Publishing
Release Date : 2018-04-26
Administrative Law And Judicial Deference written by Matthew Lewans and has been published by Hart Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-04-26 with Law categories.
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.
Vigilance And Restraint In The Common Law Of Judicial Review
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Author : Dean R. Knight
language : en
Publisher: Cambridge University Press
Release Date : 2018-04-19
Vigilance And Restraint In The Common Law Of Judicial Review written by Dean R. Knight and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-04-19 with Law categories.
Explores how courts vary the depth of scrutiny in judicial review and the virtues of different approaches.
Proportionality And Deference Under The Uk Human Rights Act
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Author : Alan D. P. Brady
language : en
Publisher: Cambridge University Press
Release Date : 2012-05-03
Proportionality And Deference Under The Uk Human Rights Act written by Alan D. P. Brady and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-05-03 with Law categories.
A rigorous analysis of the relationship between proportionality and deference under the Human Rights Act.
Law And Leviathan
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Author : Cass R. Sunstein
language : en
Publisher: Belknap Press
Release Date : 2020-09-15
Law And Leviathan written by Cass R. Sunstein and has been published by Belknap Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-09-15 with Law categories.
Winner of the Scribes Book Award “As brilliantly imaginative as it is urgently timely.” —Richard H. Fallon, Jr., Harvard Law School “At no time more than the present, a defense of expertise-based governance and administration is sorely needed, and this book provides it with gusto.” —Frederick Schauer, author of The Proof A highly original framework for restoring confidence in a government bureaucracy increasingly derided as “the deep state.” Is the modern administrative state illegitimate? Unconstitutional? Unaccountable? Dangerous? America has long been divided over these questions, but the debate has recently taken on more urgency and spilled into the streets. Cass Sunstein and Adrian Vermeule argue that the administrative state can be redeemed so long as public officials are constrained by morality and guided by stable rules. Officials should make clear rules, ensure transparency, and never abuse retroactivity, so that current guidelines are not under constant threat of change. They should make rules that are understandable and avoid issuing contradictory ones. These principles may seem simple, but they have a great deal of power. Already, they limit the activities of administrative agencies every day. In more robust form, they could address some of the concerns of critics who decry the “deep state” and yearn for its downfall. “Has something to offer both critics and supporters...a valuable contribution to the ongoing debate over the constitutionality of the modern state.” —Review of Politics “The authors freely admit that the administrative state is not perfect. But, they contend, it is far better than its critics allow.” —Wall Street Journal
Administrative Law Theory And Fundamentals
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Author : ILAN. WURMAN
language : en
Publisher: Foundation Press
Release Date : 2021-05-11
Administrative Law Theory And Fundamentals written by ILAN. WURMAN and has been published by Foundation Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-05-11 with categories.
CasebookPlus Hardbound - New, hardbound print book includes lifetime digital access to an eBook, with the ability to highlight and take notes, and 12-month access to a digital Learning Library that includes self-assessment quizzes tied to this book, leading study aids, an outline starter, and Gilbert Law Dictionary.
The Anatomy Of Administrative Law
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Author : Joanna Bell
language : en
Publisher: Bloomsbury Publishing
Release Date : 2020-05-28
The Anatomy Of Administrative Law written by Joanna Bell and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-05-28 with Law categories.
Winner of the 2022 Inner Temple New Authors Book Prize. This book seeks to further our understanding of the nature of administrative law doctrine and adjudication. It has three main aims. The first is to improve understanding of administrative law's 'anatomy' by pulling the subject apart and exploring the nature of the legal structures at play in adjudication. In doing so, the book emphasises three main ways in which administrative law's anatomy is both complex and diverse, namely: - administrative law doctrine interacts with a broad array of legislative frameworks; - administrative law adjudication seeks to accommodate a variety of legal values; and, - administrative law is concerned with legal relationships of different kinds. The second aim is to illustrate the importance of recognising the complexity and variety of administrative law's anatomy in three particular doctrinal contexts: procedural review, legitimate expectations and standing. The third and final aim is to raise an important but under-explored question: is it plausible and useful to attempt to make sense of administrative law doctrine by reference to a singular organising concept or principle? The overarching message of the book is one of cynicism. The complexity and variety of administrative law's legal structures probably means that attempts to explain the field 'monistically', while they may capture important themes, will be unhelpfully reductionist. Ambitious and thought-provoking, this is an important new statement on administrative law.
Proportionality And The Rule Of Law
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Author : Grant Huscroft
language : en
Publisher: Cambridge University Press
Release Date : 2014-04-21
Proportionality And The Rule Of Law written by Grant Huscroft and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-04-21 with Law categories.
Leading constitutional theorists debate the merits of proportionality, the nature of rights, the practice of judicial review, and moral and legal reasoning.
Realising Administrative Justice
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Author : Hugh Corder
language : en
Publisher:
Release Date : 2002
Realising Administrative Justice written by Hugh Corder and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002 with Administrative law categories.
After more than a decade of renewal of South African administrative law in its constitutional and statutory form, the time has come to ensure implementation of the ideals enshrined in the legislation through the public administration. The papers contained in this title focus on the issue and represent the views of some of the key participants in that reform process. They provide an overview of the context in which this reform has taken place, as well as of the interaction between common law, statutory law and the constitution in this field. In addition, various perspectives on administrative justice are expounded, and implementation and training strategies are examined.