Administrative Law and Judicial Deference

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Description

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.

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. -- Janina Boughey, Journal's editor * Australian Journal of Administrative Law *

Author Bio

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