A Theory of Deference in Administrative Law

Basis, Application and Scope

Paul Daly

• Publisher: Cambridge University Press
• Year: 2012
• Print ISBN: 9781107025516
• eBook ISBN: 9781139534673
• Topic: Jura
• Subtopic: Öffentliches Recht

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.

Table of contents

• Cover
• A THEORY OF DEFERENCE IN ADMINISTRAT IVE LAW
• Title
• Copyright
• CONTENTS
• ACKNOWLEDGEMENTS
• TABLE OF CASES
• Introduction
• 1: Defining deference
• 2: The delegation argument
• 3: The practical justifications for curial deference
• 4: Variable standards of review
• 5: Deference, proportionality and fundamental rights
• 6: Jurisdiction, questions of law and discretion
• 7: Deference and political questions
• Conclusion
• INDEX