Administrative Law and Judicial Deference

Nonfiction, Reference & Language, Law, Administrative Law & Regulatory Practice, Constitutional
Cover of the book Administrative Law and Judicial Deference by Matthew Lewans, Bloomsbury Publishing
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Author: Matthew Lewans ISBN: 9781782253365
Publisher: Bloomsbury Publishing Publication: January 28, 2016
Imprint: Hart Publishing Language: English
Author: Matthew Lewans
ISBN: 9781782253365
Publisher: Bloomsbury Publishing
Publication: January 28, 2016
Imprint: Hart Publishing
Language: English

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.

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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.

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