Administrative Law and Judicial Deference (Hart Studies in Comparative Public Law)
By: Matthew Lewans (author)Hardback
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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.
Matthew Lewans is an Asssociate Professor at the Faculty of Law, University of Alberta.
1. A Question About Administrative Law 2. Rethinking the Diceyan Dialectic 3. The Legacy of the Diceyan Dialectic 4. Constitutionalism, Judicial Restraint, and Administrative Law 5. From Formalism to Reasonable Justification: The Transformation of Canadian Administrative Law 6. Authority, Legitimacy, and Legality in Administrative Law
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- ID: 9781849462778
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