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Vigilance and Restraint in the Common Law of Judicial Review

Vigilance and Restraint in the Common Law of Judicial Review

作者： Dean R. Knight
出版商： Cambridge University Press
ISBN: 9781107190245

出版时间 May 2018
规格： Hardback
适应领域： U.K. ? 免责申明：
Countri(es) stated herein are used as reference only
Paperback Edition ISBN: 9781316640340

￥1,222.00

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The mediation of the balance between vigilance and restraint is a fundamental feature of judicial review of administrative action in the Anglo-Commonwealth.

This balance is realised through the modulation of the depth of scrutiny when reviewing the decisions of ministers, public bodies and officials. While variability is ubiquitous, it takes different shapes and forms.

Dean R. Knight explores the main shapes and forms employed in judicial review in England, Canada, Australia and New Zealand over the last fifty years. Four schemata are drawn from the case law and taken back to conceptual foundations, exposing their commonality and differences, and each approach is evaluated.

This detailed methodology provides a sound basis for decisions and debates about how variability should be brought to individual cases and will be of great value to legal scholars, judges and practitioners interested in judicial review.
1. Introduction
2. Scope of review
3. Grounds of review
4. Intensity of review
5. Contextual review
6. Conclusion.

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