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Deference to the Administration in Judicial Review

Comparative Perspectives

  • Guobin Zhu
Conference proceedings

Part of the Ius Comparatum - Global Studies in Comparative Law book series (GSCL, volume 39)

Table of contents

  1. Front Matter
    Pages i-xiii
  2. Bent Ole Gram Mortensen, Frederik Waage
    Pages 157-163
  3. Tom Barkhuysen, Michiel L. van Emmerik
    Pages 327-344

About these proceedings

Introduction

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.

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

Editors and affiliations

  • Guobin Zhu
    • 1
  1. 1.School of LawCity University of Hong KongKowloon TongHong Kong

Bibliographic information

  • DOI https://doi.org/10.1007/978-3-030-31539-9
  • Copyright Information Springer Nature Switzerland AG 2019
  • Publisher Name Springer, Cham
  • eBook Packages Law and Criminology
  • Print ISBN 978-3-030-31538-2
  • Online ISBN 978-3-030-31539-9
  • Series Print ISSN 2214-6881
  • Series Online ISSN 2214-689X
  • Buy this book on publisher's site