A Theory of Deference in Administrative Law
Basis, Application and Scope
Format:Hardback
Publisher:Cambridge University Press
Published:28th Jun '12
Currently unavailable, and unfortunately no date known when it will be back
Paul Daly develops a theory concerning the appropriate allocation of authority between courts and administrative bodies.
In the modern administrative state, many officials wield powers that can be used to the benefit or detriment of individual persons. Paul Daly provides a methodology for judicial review of these powers based on an in-depth analysis of the allocation of authority between the organs of government.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.
'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, Public Law
ISBN: 9781107025516
Dimensions: 229mm x 152mm x 19mm
Weight: 600g
324 pages