Vigilance and Restraint in the Common Law of Judicial Review (Cambridge Studies In Constitutional Law #19)

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Synopsis
The mediation of the balance between vigilance and restraint is a fundamental feature of judicial review of administrative action in the Anglo-Commonwealth. This balance is realised through the modulation of the depth of scrutiny when reviewing the decisions of ministers, public bodies and officials. While variability is ubiquitous, it takes different shapes and forms.

Dean R. Knight explores the main shapes and forms employed in judicial review in England, Canada, Australia and New Zealand over the last fifty years. Four schemata are drawn from the case law and taken back to conceptual foundations, exposing their commonality and differences, and each approach is evaluated. This detailed methodology provides a sound basis for decisions and debates about how variability should be brought to individual cases and will be of great value to legal scholars, judges and practitioners interested in judicial review.

Proposes four distinctive models of variability in judicial review.

Provides a method of testing the strengths and weaknesses of different styles of legal reasoning.

Explains changes in the complex world of judicial review doctrine.

Copyright:
2018

Book Details

Book Quality:
Publisher Quality
ISBN-13:
9781108117708
Related ISBNs:
9781107190245, 9781107190245
Publisher:
Cambridge University Press
Date of Addition:
Copyrighted By:
Dean R. Knight
Adult content:
No
Language:
English
Has Image Descriptions:
No
Categories:
Law, Legal Issues and Ethics
Submitted By:
Bookshare Staff
Usage Restrictions:
This is a copyrighted book.

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