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Vol 25 No 2 Feb/March 2020

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Deference to the Administration in Judicial Review: Comparative Perspectives


ISBN13: 9783030315382
To be Published: December 2019
Publisher: Springer-Verlag
Country of Publication: Switzerland
Format: Hardback
Price: £149.99



This book investigates judicial deference to the administration in judicial review, a concept and legal practice that can be found to a greater or lesser degree in every constitutional system. In each system, deference functions differently, because the positioning of the judiciary with regard to the separation of powers, the role of the courts as a mechanism of checks and balances, and the scope of judicial review differ. In addition, the way deference works within the constitutional system itself is complex, multi-faceted and often covert. Although judicial deference to the administration is a topical theme in comparative administrative law, a general examination of national systems is still lacking. As such, a theoretical and empirical review is called for.

Accordingly, this book presents national reports from 15 jurisdictions, ranging from Argentina, Canada and the US, to the EU. Constituting the outcome of the 20th General Congress of the International Academy of Comparative Law, held in Fukuoka, Japan in July 2018, it offers a valuable and unique resource for the study of comparative administrative law.

Subjects:
Judicial Review
Contents:
Deference to the Administration in Judicial Review: Comparative Perspectives and General Observations
Deference to the Administration in judicial Review in Argentina
Deference to the Administration in Judi-cial Review in Australia
Comparer la Deference Judiciaire: Regards Canadiens vers l'Exterieur
Deference to the Administration in Judicial Review in China
Deference to the Administration in Judicial Review in Denmark
Deference to the Administration in Judicial Review in the European Union
Deference to the Administration in Judicial Review in Finland
Judicial Deference: A Principled Approach for Hong Kong
Judicial Deference to the Administration in Israel
Judicial Review of Administrative Action in Italy: Beyond Deference?
Deference to the Administration in Judicial Review in Japan
Deference to the Administration in Judicial Review: the case of the Netherlands
Deference to the Public Administration in Judicial Review: A Polish Perspective
Full Judicial Review or Administrative Discretion? - A Swedish Perspective on Deference to the Administration
Judicial Deference to the Administration in the United States