Vigilance and Restraint in the Common Law of Judicial Review

Nonfiction, Reference & Language, Law, Annotations & Citations, Constitutional
Cover of the book Vigilance and Restraint in the Common Law of Judicial Review by Dean R. Knight, Cambridge University Press
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Author: Dean R. Knight ISBN: 9781108117708
Publisher: Cambridge University Press Publication: March 31, 2018
Imprint: Cambridge University Press Language: English
Author: Dean R. Knight
ISBN: 9781108117708
Publisher: Cambridge University Press
Publication: March 31, 2018
Imprint: Cambridge University Press
Language: English

The mediation of the balance between vigilance and restraint is a fundamental feature of judicial review of administrative action in the Anglo-Commonwealth. This balance is realised through the modulation of the depth of scrutiny when reviewing the decisions of ministers, public bodies and officials. While variability is ubiquitous, it takes different shapes and forms. Dean R. Knight explores the main shapes and forms employed in judicial review in England, Canada, Australia and New Zealand over the last fifty years. Four schemata are drawn from the case law and taken back to conceptual foundations, exposing their commonality and differences, and each approach is evaluated. This detailed methodology provides a sound basis for decisions and debates about how variability should be brought to individual cases and will be of great value to legal scholars, judges and practitioners interested in judicial review.

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The mediation of the balance between vigilance and restraint is a fundamental feature of judicial review of administrative action in the Anglo-Commonwealth. This balance is realised through the modulation of the depth of scrutiny when reviewing the decisions of ministers, public bodies and officials. While variability is ubiquitous, it takes different shapes and forms. Dean R. Knight explores the main shapes and forms employed in judicial review in England, Canada, Australia and New Zealand over the last fifty years. Four schemata are drawn from the case law and taken back to conceptual foundations, exposing their commonality and differences, and each approach is evaluated. This detailed methodology provides a sound basis for decisions and debates about how variability should be brought to individual cases and will be of great value to legal scholars, judges and practitioners interested in judicial review.

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