Lewans, Matthew,
Administrative law and judicial deference / Matthew Lewans. - xxii, 249 pages ; 24 cm. - Hart studies in comparative public law ; volume 10 . - Hart studies in comparative public law ; v. 10. .
Includes bibliographical references (pages 224-243) and index.
A question about administrative law -- Rethinking the Diceyan dialectic -- The legacy of the Diceyan dialectic -- Constitutionalism, judicial restraint, and administrative law -- From formalism to reasonable justification : the transformation of Canadian administrative law -- Authority, legitimacy, and legality in administrative law.
"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 law"--Unedited summary from book jacket.
9781849462778 1849462771
2015036602
Judicial review of administrative acts--United States.
Judicial review of administrative acts--Canada.
Judicial review of administrative acts--Great Britain.
Administrative law--United States.
Administrative law--Canada.
Administrative law--Great Britain.
Administrative law.
Judicial review of administrative acts.
Canada.
Great Britain.
United States.
K3175 / .L49 2016
342/.06
Administrative law and judicial deference / Matthew Lewans. - xxii, 249 pages ; 24 cm. - Hart studies in comparative public law ; volume 10 . - Hart studies in comparative public law ; v. 10. .
Includes bibliographical references (pages 224-243) and index.
A question about administrative law -- Rethinking the Diceyan dialectic -- The legacy of the Diceyan dialectic -- Constitutionalism, judicial restraint, and administrative law -- From formalism to reasonable justification : the transformation of Canadian administrative law -- Authority, legitimacy, and legality in administrative law.
"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 law"--Unedited summary from book jacket.
9781849462778 1849462771
2015036602
Judicial review of administrative acts--United States.
Judicial review of administrative acts--Canada.
Judicial review of administrative acts--Great Britain.
Administrative law--United States.
Administrative law--Canada.
Administrative law--Great Britain.
Administrative law.
Judicial review of administrative acts.
Canada.
Great Britain.
United States.
K3175 / .L49 2016
342/.06