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A Theory of Deference in Administrative Law

Download or Read eBook A Theory of Deference in Administrative Law PDF written by Paul Daly and published by Cambridge University Press. This book was released on 2012-06-28 with total page 323 pages. Available in PDF, EPUB and Kindle.
A Theory of Deference in Administrative Law
Author :
Publisher : Cambridge University Press
Total Pages : 323
Release :
ISBN-10 : 9781139536998
ISBN-13 : 1139536990
Rating : 4/5 (98 Downloads)

Book Synopsis A Theory of Deference in Administrative Law by : Paul Daly

Book excerpt: 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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