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  1. Home
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  3. A Theory of Deference in Administrative Law
  • Cited by 15
Publisher:
Cambridge University Press
Online publication date:
July 2012
Print publication year:
2012
Online ISBN:
9781139179058
DOI:
https://doi.org/10.1017/CBO9781139179058
Subjects:
Constitutional and Administrative Law, Law, Comparative Law
Information

Book description

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.

Reviews

'Daly’s book is an excellent and fascinating contribution to administrative law theory that deserves a wide readership. It forces one to examine long-standing taxonomies in English administrative law.'

Alison L. Young Source: Public Law

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