Deference to the administration in judicial review: Comparative perspectives

G Zhu - General Reports of the XXth General Congress of the …, 2021 - Springer
Judicial deference to the administration is a concept and legal practice that is present to a
greater or lesser degree in every constitutional system. The analysis of the national reports …

Transatlantic perspective on judicial deference in administrative law

M Bernatt - Colum. J. Eur. L., 2015 - HeinOnline
In order to develop, modem democracies must be efficient; specifically, they must respond in
a timely manner to changing societal and economic challenges. Specialized administrative …

[PDF][PDF] The politics of deference: judicial review and democracy

D Dyzenhaus - 1997 - tspace.library.utoronto.ca
How should judges in common law jurisdictions respond to administrative determinations of
the law? Should they defer to such determinations or evaluate them in accordance with their …

[图书][B] Administrative law and judicial deference

M Lewans - 2016 - books.google.com
In recent years, the question whether judges should defer to administrative decisions has
attracted considerable interest amongst public lawyers throughout the common law world …

Principles for judicial deference

R Clayton - Judicial Review, 2006 - Taylor & Francis
1. Deference involves the principle that the courts (out of respect for the legislature or
executive) will decline to make their own independent judgment on a particular issue. The …

Judicial review and judicial deference

P Craig - Controlling EU Agencies, 2020 - elgaronline.com
This chapter is concerned with deference as a concept in EU law, and the way in which it
informs judicial review. The analysis is, as with other chapters in Part I, divided into four …

Deference to the public administration in judicial review: A Polish perspective

Z Kmieciak, J Wegner - Deference to the Administration in Judicial Review …, 2019 - Springer
While in the countries with mature democracy the tools of strengthening the competence of
administration to the benefit of the individuals were created, Polish administrative courts …

Judicial deference and judicial review: legal doctrine and legal theory

TRS Allan - Law Quarterly Review, 2011 - HeinOnline
The demand for judicial deference in public law has a dual basis. In the first place, judicial
decisions affect matters of public policy and other political concerns on which we may …

The paradox of judicial deference

G Davidov - National Journal of Constitutional Law, 2001 - papers.ssrn.com
This article analyses the Canadian constitutional case-law in which the Supreme Court uses
the doctrine of deference, and considers the justifications for this doctrine. The two main …

A Tale of Transformation: The Non-Delegation Doctrine and Judicial Deference

I Di Gioia - U. Balt. L. Rev., 2021 - HeinOnline
Legal doctrines are not created equal. Some doctrines are solid and survive the test of time,
some are short-lived, and others transform and adapt in order to serve specific legal and …