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A theory of deference in administrative law : basis, application, and scope
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ISBN: 9781107025516 9781139179058 1107025516 1107232112 1139179055 113952643X 1139527630 1139528823 1139531107 1139532294 1139540424 1283522241 9786613834690 Year: 2012 Publisher: Cambridge : Cambridge University Press,

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Abstract

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.

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