Theory of Deference in Administrative Law

£104.00

Theory of Deference in Administrative Law

Basis, Application and Scope

Law Comparative law Constitutional and administrative law: general

Author: Paul Daly

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Language: English

Published by: Cambridge University Press

Published on: 28th June 2012

Format: LCP-protected ePub

Size: 639 Kb

ISBN: 9781139540421


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.

A Theory of Deference in Administrative Law

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.

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