Administrative Law and Judicial Deference

By Matthew Lewans

In recent years, the question of whether judges should defer to administrative decisions has attracted considerable interest among 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 US, Canada, and the UK - 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. (Series: Hart Studies in Comparative Public Law) [Subject: Constitutional Law, Administrative Law, Comparative Law]

310 pages

Publication Date: 3/17/2016
Format: Cloth
ISBN: 9781849462778