
The Scope and Intensity of Substantive Review
Description
Alles über E-Books | Antworten auf Fragen rund um E-Books, Kopierschutz und Dateiformate finden Sie in unserem Info- & Hilfebereich.
The second theme concerns the broader (Canadian) sense of substantive review including the illegality grounds, and whether deference should extend to these grounds. Cane and Aronson consider the relevance and impact of different constitutional and doctrinal settings. Wilberg and Daly address questions concerning when and how deference is to operate once it is accepted as appropriate in principle.
Rights-based review is discussed in a separate third part because it raises both of the above questions. Geiringer, Sales and Walters examine the choices to be made in settling the approach in this area, each focusing on a different dichotomy.
Taggart's work is notable for treating these various aspects of substantive review as parts of a broader whole, and for his search for an appropriate balance between judicial scrutiny and administrative autonomy across this entire area. By bringing together essays on all these topics, this volume seeks to build on that approach.
More details
Other editions
Additional editions


Persons
Content
Mark Elliott and Hanna Wilberg
Part A: Modern Extensions of Substantive Review
2. Modern Extensions of Substantive Review: A Survey of Themes in Taggart's Work and in the Wider Literature
Mark Elliott and Hanna Wilberg
3. Proportionality and Unreasonableness: Neither Merger nor Takeover
Jeffrey Jowell
4. From Bifurcation to Calibration: Twin-Track Deference and the Culture of Justification
Mark Elliott
5. Against Unification
Jason NE Varuhas
6. Substantive (Procedural) Review in Australia
Matthew Groves and Greg Weeks
7. A Rainbow of One Colour? Judicial Review on Substantive Grounds in South African Law
Cora Hoexter
Part B: Deference on Questions of Law?
8. Deference on Questions of Law: A Survey of Taggart's
Contribution and Themes in the Wider Literature
Hanna Wilberg and Mark Elliott
9. Judicial Control of Administrative Interpretation in Australia and the United States
Peter Cane
10. Should We Have a Variable Error of Law Standard?
Mark Aronson
11. Deference on Relevance and Purpose? Wrestling with the Law/Discretion Divide
Hanna Wilberg
12. The Struggle for Deference in Canada
Paul Daly
Part C: Rights-Based Review
13. Process and Outcome in Judicial Review of Public Authority Compatibility with Human Rights:
A Comparative Perspective
Claudia Geiringer
14. Crown Powers, the Royal Prerogative and Fundamental Rights
Philip Sales
15. Respecting Deference as Respect: Rights, Reasonableness and Proportionality in Canadian Administrative Law
Mark D Walters
System requirements
File format: PDF
Copy-Protection: Adobe-DRM (Digital Rights Management)
System requirements:
- Computer (Windows; MacOS X; Linux): Install the free reader Adobe Digital Editions prior to download (see eBook Help).
- Tablet/smartphone (Android; iOS): Install the free app Adobe Digital Editions or the app PocketBook before downloading (see eBook Help).
- E-reader: Bookeen, Kobo, Pocketbook, Sony, Tolino and many more (only limited: Kindle).
The file format PDF always displays a book page identically on any hardware. This makes PDF suitable for complex layouts such as those used in textbooks and reference books (images, tables, columns, footnotes). Unfortunately, on the small screens of e-readers or smartphones, PDFs are rather annoying, requiring too much scrolling.
This eBook uses Adobe-DRM, a „hard” copy protection. If the necessary requirements are not met, unfortunately you will not be able to open the eBook. You will therefore need to prepare your reading hardware before downloading.
Please note: We strongly recommend that you authorise using your personal Adobe ID after installation of any reading software.
For more information, see our eBook Help page.