Overview
- Represents the first systematic and comparative study of judicial deference
- Empirically investigates a country-based system
- Offers a combination of theory and national practice
Part of the book series: Ius Comparatum - Global Studies in Comparative Law (GSCL, volume 39)
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About this book
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.Similar content being viewed by others
Keywords
- Judicial deference to the administration in judicial review
- Judicial review of administrative actions
- Constitutional review
- Judicial power
- Role of the Courts
- Separation of powers
- Judicial self-restraint with caution
- Judicial self-restraint and judicial passivism
- Comparative administrative law
- Administrative law
Table of contents (19 papers)
Editors and Affiliations
About the editor
Bibliographic Information
Book Title: Deference to the Administration in Judicial Review
Book Subtitle: Comparative Perspectives
Editors: Guobin Zhu
Series Title: Ius Comparatum - Global Studies in Comparative Law
DOI: https://doi.org/10.1007/978-3-030-31539-9
Publisher: Springer Cham
eBook Packages: Law and Criminology, Law and Criminology (R0)
Copyright Information: Springer Nature Switzerland AG 2019
Hardcover ISBN: 978-3-030-31538-2Published: 24 November 2019
Softcover ISBN: 978-3-030-31541-2Published: 24 November 2020
eBook ISBN: 978-3-030-31539-9Published: 23 November 2019
Series ISSN: 2214-6881
Series E-ISSN: 2214-689X
Edition Number: 1
Number of Pages: XIII, 445
Topics: Private International Law, International & Foreign Law, Comparative Law , Constitutional Law, Administrative Law