Administrative law and judicial deference
著者
書誌事項
Administrative law and judicial deference
（Hart studies in comparative public law, v. 10）
Hart, 2018, c2016
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注記
"First published in hardback 2016. Paperback edition 2018"--T.p. verso
Includes bibliographical references (p. [224]-243) and index
内容説明・目次
内容説明
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.
目次
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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