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

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

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Bibliographic Details
Author / Creator:	Daly, Paul, 1983- author.
Imprint:	Cambridge : Cambridge University Press, 2012.
Description:	1 online resource (xviii, 304 pages) : digital, PDF file(s).
Language:	English
Subject:	Judicial review of administrative acts. Judicial review of administrative acts -- England. Judicial review of administrative acts -- United States. Judicial review of administrative acts -- Canada.
Format:	E-Resource Book
URL for this record:	http://pi.lib.uchicago.edu/1001/cat/bib/12597832

Hidden Bibliographic Details
Other uniform titles:	Daly, Paul, 1983- Deference and standards of review in administrative Law.
ISBN:	9781139179058 (ebook) 9781107025516 (hardback)
Notes:	Title from publisher's bibliographic system (viewed on 05 Oct 2015).
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.
Other form:	Print version: 9781107025516

Table of 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.