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Author: Gary Lawson
Publisher:
ISBN: 0190273402
Category : Law
Languages : en
Pages : 229
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Book Description
Deference is central to almost everything that happens in law but has not been the subject of systematic study, perhaps because it shows up in so many different forms and places. This book aims to provide a definition and vocabulary for the study of deference that anyone, from any perspective, can use.
Author: Gary Lawson
Publisher:
ISBN: 0190273402
Category : Law
Languages : en
Pages : 229
Get Book Here
Book Description
Deference is central to almost everything that happens in law but has not been the subject of systematic study, perhaps because it shows up in so many different forms and places. This book aims to provide a definition and vocabulary for the study of deference that anyone, from any perspective, can use.
Author: Paul Daly
Publisher: Cambridge University Press
ISBN: 1107025516
Category : Law
Languages : en
Pages : 323
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Book Description
Paul Daly develops a theory concerning the appropriate allocation of authority between courts and administrative bodies.
Author: David Rudenstine
Publisher: Oxford University Press
ISBN: 0199381488
Category : Law
Languages : en
Pages : 345
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Book Description
The Age of Deference traces the Court's role in the rise of judicial deference to executive power since the end of World War II.
Author: Neil Nevitte
Publisher: Peterborough, Ont. : Broadview Press
ISBN:
Category : History
Languages : en
Pages : 404
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Book Description
In this extraordinarily wide-ranging book, Neil Nevitte demonstrates that the changing patterns of Canadian values are connected.
Author: Guobin Zhu
Publisher: Springer Nature
ISBN: 3030315398
Category : Law
Languages : en
Pages : 445
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Book Description
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.
Author: Alan D. P. Brady
Publisher: Cambridge University Press
ISBN: 1107013003
Category : Law
Languages : en
Pages : 311
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Book Description
A rigorous analysis of the relationship between proportionality and deference under the Human Rights Act.
Author: John Pittard
Publisher: Oxford University Press, USA
ISBN: 0190051817
Category : Philosophy
Languages : en
Pages : 361
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Book Description
Every known religious or explicitly irreligious outlook is contested by large contingents of informed and reasonable people. Many philosophers have argued that reflection on this fact should lead us to abandon confident religious or irreligious belief and to embrace religious skepticism. John Pittard critically assesses the case for such disagreement-motivated religious skepticism. While the book focuses on religious disagreement, it makes a number of significant contributions to the more general discussion of the rational significance of disagreement as well.
Author: Gary Lawson
Publisher: Oxford University Press
ISBN: 0190273429
Category : Law
Languages : en
Pages : 229
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Book Description
Deference is perhaps the most important concept and practice in law. It lies at the core of every system of precedent, appellate review, federalism, and separation of powers, all of which center on how one actor should deal with previous decisions. Oddly enough, deference is also one of the most under-analyzed and under-theorized legal concepts and practices, perhaps because its applications are so varied. This book's goal is to provide a definition of deference and a vocabulary for discussing it that can be used to describe, explain, and/or criticize deference in all of its manifestations, including some manifestations that are not always identified by legal actors as instances of deference. This project does not seek to prescribe whether and how any legal system should apply deference in any specific circumstance or to critique any particular deference doctrines. Rather, it aims to bring the concept of deference to the forefront of legal discussion; to identify, catalogue, and analyze at least the chief among its many applications; to set forth the many and varied rationales that can be and have been offered in support of deference in different legal contexts; and thereby to provide a vocabulary and conceptual framework that can be employed in future projects, whether those projects are descriptive or prescriptive.
Author: Johannes Hendrik Fahner
Publisher: Bloomsbury Publishing
ISBN: 1509932305
Category : Law
Languages : en
Pages : 307
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Book Description
International courts and tribunals are increasingly asked to pass judgment on matters that are traditionally considered to fall within the domestic jurisdiction of States. Especially in the fields of human rights, investment, and trade law, international adjudicators commonly evaluate decisions of national authorities that have been made in the course of democratic procedures and public deliberation. A controversial question is whether international adjudicators should review such decisions de novo or show deference to domestic authorities. This book investigates how various international courts and tribunals have responded to this question. In addition to a comparative analysis, the book provides a normative argument, discussing whether different forms of deference are justified in international adjudication. It proposes a distinction between epistemic deference, which is based on the superior capacity of domestic authorities to make factual and technical assessments, and constitutional deference, which is based on the democratic legitimacy of domestic decision-making. The book concludes that epistemic deference is a prudent acknowledgement of the limited expertise of international adjudicators, whereas the case for constitutional deference depends on the relative power of the reviewing court vis-à-vis the domestic legal order.
Author: Cora Chan
Publisher: Oxford University Press
ISBN: 0198921659
Category : Law
Languages : en
Pages : 225
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Book Description
In human rights adjudication, courts sometimes face issues that they lack the expertise or constitutional legitimacy to resolve. One way of dealing with such issues is to 'defer', or accord a margin of appreciation, to the judgments of public authorities. This raises two important questions: what devices courts should use to exercise deference, and how deference can be made more workable for judges and predictable for litigants. Combining in-depth conceptual analysis with practice in a broad range of jurisdictions, Deference in Human Rights Adjudication answers these questions. It introduces six devices for deference (namely, the burden of proof, standard of proof, standard of review, giving of weight, choice of interpretation, and choice of remedy), analyzes how courts should choose amongst them, and proposes techniques for rendering deference practicable. The book has two distinctive features. First, it engages with the jurisprudence of six common law jurisdictions that apply a structured proportionality test in rights adjudication, namely, Canada, Hong Kong, Ireland, Israel, New Zealand, and the United Kingdom. Second, it offers guidelines for judges who wish to apply its theoretical arguments. As such, Deference in Human Rights Adjudication will enable human rights adjudication to be more principled and in line with the rule of law and separation of powers. Insightful and pioneering, this book will be an important reference for researchers, teachers, and students of constitutional theory, comparative constitutional law, and human rights law around the world. It will also assist practitioners, judges, and policymakers who have to grapple with issues of deference in adjudication.
