A Theory of Deference in Administrative Law: Basis, Application and ScopeIn 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. |
Contents
| 7 | |
The delegation argument | 36 |
The practical justifications for curial deference | 70 |
Variable standards of review | 137 |
Deference proportionality and fundamental rights | 186 |
Jurisdiction questions of law and discretion | 220 |
Deference and political questions | 267 |
Conclusion | 287 |
Other editions - View all
A Theory of Deference in Administrative Law: Basis, Application and Scope Paul Daly Limited preview - 2012 |
Common terms and phrases
Administrative Law Adrian Vermeule agency application approach appropriate argument benefit burden of justification Canadian Cass Sunstein Chevron complex Court of Canada curial deference degree of curial delegate power delegated decision delegated decision-maker delegated decision-maker’s delegation of power democratic legitimacy developed difficulties doctrinal deference doctrine of curial effect to legislative Emphasis added epistemic deference exercise expertise first functional analysis fundamental rights give effect grounds of review Home Department House of Lords Ibid identified indicia of unreasonableness judges judicial review jurisdiction justiciability justifications for curial legislative intent legislature Lord ofStatefor the Home Oxford participation particular patent unreasonableness political practical justifications pragmatic and functional privative clause procedural legitimacy proportionality test Pushpanathan questions of law reasons relevant statutory provisions review for unreasonableness reviewing court rule of law Secretary ofStatefor significant standard of review statute statutory interpretation sufficient Supreme Court tribunal UKHL University Press variable standard Wednesbury unreasonableness