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Deference to the Administration in Judicial Review: Comparative Perspectives
Hardcover
Series: Ius Comparatum - Global Studies in Comparative Law, Book 39
ISBN13: 9783030315382
Publisher: Springer Nature
Published: Nov 24 2019
Pages: 445
Weight: 1.80
Height: 1.00 Width: 6.14 Depth: 9.21
Language: English
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.
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