Deference to the Administration in Judicial Review
Comparative Perspectives
Samenvatting
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.
Specificaties
Inhoudsopgave
Zhu, Guobin
Deference to the Administration in Judicial Review in Argentina
Aberastury, Pedro
Deference to the Administration in Judicial Review in Australia
Kingham, Fleur
Comparer la déférence judiciaire : regards canadiens vers l’extérieur
Lambert, Nicolas
Deference to the Administration in Judicial Review in China
Gao, Qinwei
Deference to the Administration in Judicial Review in the Czech Republic
Kühn, Zdenek (et al.)
Deference to the Administration in Judicial Review in Denmark
Mortensen, Bent Ole Gram (et al.)
Deference to the Administration in Judicial Review: The European Union
Eliantonio, Mariolina
Deference to the Administration in Judicial Review in Finland
Mäenpää, Olli
A Principled Approach to Judicial Deference for Hong Kong
Chan, Cora
Judicial Deference to the Administration in Israel
Cohn, Margit
Judicial Review of Administrative Action in Italy: Beyond Deference?
della Cananea, Giacinto
Deference to the Administration in Judicial Review in Japan
Kawagishi, Norikazu
Deference to the Administration in Judicial Review: The Case of the Netherlands
Barkhuysen, Tom (et al.)
The “Dreadful Truth” and Transparent Fictions: Deference in New Zealand Administrative Law
Hopkins, W. John
Deference to the Public Administration in Judicial Review: A Polish Perspective
Kmieciak, Zbigniew (et al.)
‘The Notion of a Subjective or Unfettered Discretion is Contrary to the Rule of Law’: Judicial Review of Administrative Action in Singapore
Tan, Eugene K. B.
Full Judicial Review or Administrative Discretion? A Swedish Perspective on Deference to the Administration
Wenander, Henrik
Judicial Deference to the Administration in the United States
Reitz, John C.