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 …
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 …
In recent years, the question whether judges should defer to administrative decisions has attracted considerable interest amongst public lawyers throughout the common law world …
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 …
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 …
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 …
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 …
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 …
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 …