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The Scope and Intensity of Substantive Review: Traversing Taggart’s Rainbow: Hart Studies in Comparative Public Law

Editat de Hanna Wilberg, Mark Elliott
en Limba Engleză Hardback – 17 iun 2015
Inspired by the work of Professor Michael Taggart, this collection of essays from across the common law world is concerned with two separate but related themes. First, to what extent and by what means should review on substantive grounds such as unreasonableness be expanded and intensified? Jowell, Elliott and Varuhas all agree with Taggart that proportionality should not 'sweep the rainbow', but propose different schemes for organising and conceptualising substantive review. Groves and Weeks, and Hoexter evaluate the state of substantive review in Australia and South Africa respectively.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.
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Specificații

ISBN-13: 9781849464680
ISBN-10: 1849464685
Pagini: 444
Dimensiuni: 156 x 234 x 15 mm
Greutate: 0.82 kg
Editura: Bloomsbury Publishing
Colecția Hart Publishing
Seria Hart Studies in Comparative Public Law

Locul publicării:London, United Kingdom

Caracteristici

This book brings together essays on two contrasting issues concerning the scope and intensity of substantive grounds of review.

Notă biografică

Hanna Wilberg is a Senior Lecturer at the University of Auckland Faculty of Law. Mark Elliott is a Reader in Public Law at the University of Cambridge.

Cuprins

1. Introduction Mark Elliott and Hanna WilbergPart A: Modern Extensions of Substantive Review2. Modern Extensions of Substantive Review: A Survey of Themes in Taggart's Work and in the Wider Literature Mark Elliott and Hanna Wilberg3. Proportionality and Unreasonableness: Neither Merger nor Takeover Jeffrey Jowell4. From Bifurcation to Calibration: Twin-Track Deference and the Culture of JustificationMark Elliott5. Against Unification Jason NE Varuhas6. Substantive (Procedural) Review in Australia Matthew Groves and Greg Weeks7. A Rainbow of One Colour? Judicial Review on Substantive Grounds in South African Law Cora HoexterPart B: Deference on Questions of Law?8. Deference on Questions of Law: A Survey of Taggart'sContribution and Themes in the Wider Literature Hanna Wilberg and Mark Elliott9. Judicial Control of Administrative Interpretation in Australia and the United States Peter Cane10. Should We Have a Variable Error of Law Standard? Mark Aronson11. Deference on Relevance and Purpose? Wrestling with the Law/Discretion Divide Hanna Wilberg12. The Struggle for Deference in Canada Paul DalyPart C: Rights-Based Review13. Process and Outcome in Judicial Review of Public Authority Compatibility with Human Rights:A Comparative Perspective Claudia Geiringer14. Crown Powers, the Royal Prerogative and Fundamental Rights Philip Sales15. Respecting Deference as Respect: Rights, Reasonableness and Proportionality in Canadian Administrative Law Mark D Walters

Recenzii

[an] illuminating collection of essays
It seems to me that this book is best seen as a very well-crafted statement of the "state of play" in intensity of review across the common law world. The chapters summarising the past work of Taggart and other important scholars in the area provide a useful entry point to those not entirely familiar with this corner of administrative law scholarship, and the rest of the book expands on that foundation in many different (and interesting) directions, in ways that will be useful to newcomers and experienced administrative lawyers alike.