Administrative Law and Judicial Deference

by Matthew Lewans

Overview

In recent years, the question whether judges should defer to administrative decisions has attracted considerable interest amongst public lawyers throughout the common law world. This book examines how the common law of judicial review has responded to the development of the administrative state in three different common law jurisdictions – the United Kingdom, the United States of America and Canada – over the past 100 years. This comparison demonstrates that the idea of judicial deference is a valuable feature of modern administrative law, because it gives lawyers and judges practical guidance on how to negotiate the constitutional tension between the democratic legitimacy of the administrative state and the judicial role in maintaining the rule of law.

Product Details

ISBN-13:	9781782253365
Publisher:	Bloomsbury Publishing
Publication date:	01/28/2016
Series:	Hart Studies in Comparative Public Law
Sold by:	Barnes & Noble
Format:	eBook
Pages:	272
File size:	457 KB

About the Author

Matthew Lewans is an Asssociate Professor at the Faculty of Law, University of Alberta.

Table of Contents

1. A Question About Administrative Law
2. Rethinking the Diceyan Dialectic
3. The Legacy of the Diceyan Dialectic
4. Constitutionalism, Judicial Restraint, and Administrative Law
5. From Formalism to Reasonable Justification: The Transformation of Canadian Administrative Law
6. Authority, Legitimacy, and Legality in Administrative Law

Editorial Reviews

One of the main strengths of this book is Lewans' expert integration of theory, doctrine and
history, and his seamless transitions between the three. In particular, Lewans tells a story of how the
political and philosophical views of a few influential scholars shaped their own theories, and, in turn
how those theories have shaped doctrinal and theoretical developments in public law. The intersection
between people, politics, law and theory is something which is frequently overlooked in public law
scholarship, but is at the very core of this book.
Australian Journal of Administrative Law

From the Publisher