Priests of Our Democracy tells of the teachers and professors who battled the anti-communist witch hunt of the 1950s. It traces the political fortunes of academic freedom beginning in the late 19th century, both on campus and in the courts. Combining political and legal history with wrenching personal stories, the book details how the anti-communist excesses of the 1950s inspired the Supreme Court to recognize the vital role of teachers and professors in American democracy. The crushing of dissent in the 1950s impoverished political discourse in ways that are still being felt, and First Amendment academic freedom, a product of that period, is in peril today. In compelling terms, this book shows why the issue should matter to everyone.

This book uses role theory to analyze the judicial decisions made by state supreme court judges. Grounded in the fields of anthropology, business management, psychology, and sociology, role theory holds that, for each position an individual occupies in society, he or she creates a role orientation, or a belief about the limits of proper behavior. Judicial role orientation is conceptualized as the stimuli that a judge feels can legitimately be allowed to influence his or her decision-making and, in the case of conflict among influences, what priorities to assign to different decisional criteria. This role orientation is generally seen as existing on a spectrum ranging from activist to restraintist. Using multi-faceted data collection and empirical testing, this book discusses the variation in judges' role orientations, the role that personal institutional structure and judges' backgrounds play in determining judicial orientations, and the degree to which judges' orientations affect their decision-making. The first study to provide cross-institutional research on state supreme court judges, this book expands and advances the literature on judicial role orientation. As such, this book will be of interest to graduate students and researchers studying political science, public policy, law, and the courts.

This book discusses affirmative action or positive discrimination, defined as measures awarding privileges to certain groups that have historically suffered discrimination or have been underrepresented in specific social sectors. The book's underlying rationale is that one cannot place at the same starting point people who have been treated differently in the past because in this way one merely perpetuates a state of difference and, in turn, social gaps are exaggerated and social cohesion is endangered. Starting out with an introduction on the meaning and typology of affirmative action policies, the book goes on to emphasise the interaction of affirmative action with traditional values of liberal state, such as equality, meritocracy, democracy, justice, liberalism and socialism. It reveals the affirmative action goals from a legal and sociological point of view, examining the remedial, cultural, societal, pedagogical and economy purposes of such action. After applying an institutional narrative of the implementation of affirmative action worldwide, the book explains the jurisprudence on the issue through syntheses and antitheses of structural and material variables, such as the institutional recognition of the policies, the domains of their implementation and their beneficiaries. The book eventually makes an analytical impact assessment following the implementation of affirmative action plans and the judicial response, especially in relation to the conventional human rights doctrine, by establishing a liaison between affirmative action and social and group rights.. The book applies a multi-disciplinary and comparative methodology in order to assess the ethical standing of affirmative action policies, the public interests involved and their effectiveness towards actual equality. In the light of the above analysis, the monograph explains the arguments considering affirmative action as a theology for substantive equality and the arguments treating this policy as anathema for liberalism. A universal discussion currently at its peak.

Truth commission recommendations are critical to their legacies, yet there is little research examining their fates. Based on fieldwork that is unprecedented in scope, this double-volume project provides the first systematic study of the formulation and implementation of the recommendations of 13 Latin American truth commissions.Beyond Words Vol. I examines the variations in truth commission recommendations across 13 Latin American cases. Insights are provided regarding how the internal dynamics of truth commissions, as well as the political, social and economic context in which they operate, influence how recommendations are formulated. The authors then explore how the nature of these recommendations themselves, along with the aforementioned factors, influence which recommendations are actually implemented. The conclusion considers the findings' relevance for the crafting of future truth commission recommendations and reflects upon how the formulation and implementation of these recommendations shape the impact of truth commissions on societies emerging from periods of violence and repression.Beyond Words Vol. II is a unique collection of 11 Latin American country studies covering all 13 formal truth commissions established in this region that submitted their final reports between 1984 and 2014. Based on qualitative original data and a common analytical framework, the main focus of each of the country chapters is threefold: (1) to provide a brief background to the truth commission(s); (2) to provide a detailed account of the formulation of the truth commission's recommendations; and (3) to analyze the implementation record of the recommendations, taking into account the actors and factors that have aided or obstructed the implementation process.

The Ninth Amendment has had a remarkably robust history, playing a role in almost every significant constitutional debate in American history, including the controversy over the Alien and Sedition Acts, the struggle over slavery, and the constitutionality of the New Deal. Until very recently, however, this history has been almost completely lost due to a combination of historical accident, mistaken assumptions, and misplaced historical documents. Drawing upon a wide range of primary sources, most never before included in any book on the Ninth Amendment or the Bill of Rights, Kurt T. Lash recovers the lost history of the Ninth Amendment and explores how its original understanding can be applied to protect the people's retained rights today.
The most important aspect of The Lost History of the Ninth Amendment is its presentation of newly uncovered historical evidence which calls into question the currently presumed meaning and application of the Ninth Amendment. The evidence not only challenges the traditional view regarding the original meaning of the Ninth Amendment, it also falsifies the common assumption that the Amendment lay dormant prior to the Supreme Court's "discovery" of the clause in Griswold v. Connecticut.
As a history of the Ninth Amendment, the book recapitulates the history of federalism in America and the idea that local self-government is a right retained by the people. This issue has particular contemporary salience as the Supreme Court considers whether states have the right to authorize medicinal use of marijuana, refuse to assist the enforcement of national laws like the Patriot Act, or regulate physician-assisted suicide. The meaning of the Ninth Amendment has played a key role in past Senate confirmation hearings for Supreme Court justices and the current divide on the Court regarding the meaning of the Ninth Amendment makes it likely the subject will come up again during the next set of hearings.

"The good of the people, " the Roman philosopher Cicero once said, "is the greatest law." But as Contemporary Legal Issues demonstrates, things aren't so clear-cut in modern America. Do the rights of homosexuals override the moral concerns of religious Americans? Does scientific progress outweigh the welfare of laboratory animals? These are some of the critical legal and political questions explored in Contemporary Legal Issues, a series focusing on the key issues facing today's legislatures and courts. Combining a broad overview essay with concise topical entries, lists of key cases, and a guide to further research, each title provides a one-stop resource for students, readers, and scholars alike.

Although philosophers debate the morality of open borders, few social scientists have explored what would happen if immigration were no longer limited. This book looks at three examples of temporarily unrestricted migration in Miami, Marseille, and Dublin and finds that the effects were much less catastrophic than opponents of immigration claim.

Although there is no doubt that the constitution has been significantly reformed since the election of New Labour in 1997 the degree to which these reforms have altered the nature of democracy in the United Kingdom remains highly contested. A major problem within this debate is that it has become polarized around a binary distinction between power-sharing and power-hoarding models of democracy when the contemporary situation is actually far more complex. This book draws upon theories and methods from comparative political analysis in order to argue and then demonstrate three central and inter-related arguments.
Firstly, that the distinctive element of New Labour's approach to constitutional engineering is not that it has shifted the nature of democracy in the United Kingdom from one model to another but has instead sought to apply different models at the periphery and core: bi-constitutionality.
Secondly, that contemporary evidence of both increasing levels of public disengagement from conventional politics and falling levels of public trust in politicians, political institutions and political processes originate from the 'expectations gap'. This 'gap' is created by the process of political competition artificially increases public expectations; only for these expectations to be dashed as the elected party either seeks to renege upon certain pre-election commitments or fails to achieve them.
Finally, democracy in the United Kingdom is currently drifting. The old rules do not appear to suit the new game, and yet the government continues to insist that the old rules still apply. The critical challenge for any future government, of any political complexion, will be to articulate a new form of constitutional morality with the capacity to clarify exactly what its reforms in the sphere of constitutional reform and democratic renewal are seeking to achieve.
The analysis offered in this book focuses on the evolution of democracy in the United Kingdom since the election of New Labour in 1997. However in order to achieve both depth and breadth this analysis is then located within the contours of much broader longitudinal and comparative analyses. This involves examining the trajectory of democracy in the United Kingdom from 1945 onwards, and then comparing this long-term view within a much broader comparative perspective to examine the degree to which recent developments in the United Kingdom fit within global democratic trends.

This clear and compelling text confronts the dominant thinking on human rights, taking issue with the notion adopted by all states and even many academics that human rights obligations extend no further than their own territorial borders. Mark Gibney critiques cases from the U.S. Supreme Court, the International Court of Justice, and the European Court of Human Rights, arguing for a much broader reading of state responsibility on the basis that current law misses most of the ways in which states fail to protect human rights standards. Finally, Gibney takes up the issue of human rights enforcement, unquestionably the weakest aspect of international human rights law. He proposes several practical models that could begin to provide victims the "effective remedy" promised by the law itself. The book concludes that there is a moral and legal imperative to return to the universal principles human rights were founded on. And rather than witnessing the end of human rights-as some have suggested-we should see our times as the true beginning.

This book deals with the development of constitutional law in China and Visegrad states by employing a comparative perspective. It is the first time that the researcher compared the constitutional development in the China and the Visegrad states. It offers a few glimpses of development of constitution in the (former) socialist states to readers who are interested in the constitutional law or China-V4 relations. With the increased cooperation between China and V4 countries, this book gives the undergraduates in the university to think about the BRI and 17+1 network from a Chinese perspective. Last, compared to the previous works which mainly focus on North America and/or Western Europe, this book provides a new angle on comparative constitutional law.

What is the federal philosophy inspiring the structure of European law? The federal principle stands for constitutional arrangements that find 'unity in diversity'. The two most influential manifestations of the federal principle emerged under the names of 'dual' and 'cooperative' federalism in the constitutional history of the United States of America. Dual federalism is based on the idea that the federal government and the State governments are co-equals and each is legislating in a separate sphere. Cooperative federalism, on the other hand, stands for the thought that both governments legislate in the same sphere. They are hierarchically arranged and complement each other in solving a social problem. Can the European Union be understood in federal terms? The book's general part introduces three constitutional traditions of the federal idea. Following the American tradition, the European Union is defined as a Federation of States as it stands on the 'middle ground' between international and national law.
But what federal philosophy has the European Union followed? The special part of the book investigates the structure of European law. Three arguments are advanced to show the evolution of the European legal order from dual to cooperative federalism. The first looks at the decline of constitutional exclusivity on the part of the Member States and the European Union. For almost all objects of government, the Union and its States operate in a universe of shared powers. The second argument analyses the decline of legislative exclusivity. European and national legislation - increasingly - complement each other to solve a social problem. The third argument describes the 'constitutionalisation' of cooperative federalism in the form of the principle of subsidiarity and the idea of complementary competences. A final Chapter is dedicated to Europe's foreign affairs federalism. It analyses, whether the external sphere must be regarded as subject to different constitutional or federal principles. The book concludes that cooperative federalism will benefit both levels of government - the Union and the Member States - as the constitutional mechanism of uniform European standards complemented by diverse national standards best expresses the federal idea of 'unity in diversity'.

This text evolved out of a series of fiscal studies prepared by a team from Harvard University of which the author was the director. It analyses the many constraints and economic characteristics found in low-income countries that affect the type of modern tax system that can work in these countries. It specifically looks at Nepal and reengineering the tax system there in terms of policy and administration.

The United States Supreme Court famously labeled copyright "the engine of free expression" because it provides a vital economic incentive for much of the literature, commentary, music, art, and film that makes up our public discourse. Yet today's copyright law also does the opposite--it is often used to quash news reporting, political commentary, church dissent, historical scholarship, cultural critique, and artistic expression.
In Copyright's Paradox, Neil Weinstock Netanel explores the tensions between copyright law and free speech, revealing how copyright can impose unacceptable burdens on expression. Netanel provides concrete illustrations of how copyright often prevents speakers from effectively conveying their message, tracing this conflict across both traditional and digital media and considering current controversies such as the remix and copying culture rampant on YouTube and MySpace, hip-hop music and digital sampling, and the Google Book Search litigation. The author juxtaposes the dramatic expansion of copyright holders' proprietary control against the individual's newly found ability to digitally cut, paste, edit, remix, and distribute sound recordings, movies, TV programs, graphics, and texts the world over. He tests whether, in light of these developments and others, copyright still serves as a vital engine of free expression and he assesses how copyright does--and does not--burden speech. Taking First Amendment values as his lodestar, Netanel argues that copyright should be limited to how it can best promote robust debate and expressive diversity, and he presents a blueprint for how that can be accomplished.
Copyright and free speech will always stand in sometension. But there are ways in which copyright can continue to serve as an engine of free expression while leaving ample room for speakers to build on copyrighted works to convey their message, express their personal commitments, and create new art. This book shows us how.

The proportionality test, as proposed in Robert Alexy's principles theory, is becoming commonplace in comparative constitutional studies. And yet, the question "are courts justified in borrowing proportionality?" has not been expressly put in many countries where judicial borrowings are a reality. This book sheds light on this question and examines the circumstances under which courts are authorized to borrow from alien legal sources to rule on constitutional cases. Taking the Supreme Federal Court of Brazil - and its enthusiastic recourse to proportionality when interpreting the Federal Constitution - as a case study, the book investigates the normative reasons that could justify the court's attitude and offers a comprehensive overview of its case law on controversial constitutional matters like abortion, same-sex union, racial quotas, and the right to public healthcare. Providing a valuable resource for those interested in comparative constitutional law and legal theory, or curious about Brazilian constitutional law, this book questions the alleged universality of the proportionality test, challenges the premises of Alexy's principles theory, and discloses more than 68 Brazilian Supreme Court decisions delivered from 2003 to 2018 that would otherwise have remained unknown to an English-speaking audience.

View the Table of Contents. Read the Introduction.

aWell written, compelling, and even pioneering to the extent that Romero, in his quest to protect noncitizens, seeks assistance from many and varied sources. By tempering his idealism with large doses of pragmatism, moreover, he leaves the reader feeling that while his goals are lofty, they are not entirely out of reach.a
--"Perspective on Politics"

"The book is well-written, compelling, and even pioneering to the extent that Romero, in his quest to protect noncitizens, seeks assistance from many and varied sources."
--"Perspectives on Politics"

"Clearly written and contains copious footnotes and an extensive and useful bibliography."
--"Choice"

"An important book. Its analysis is thoughtful, detailed, and well-argued. Only over time have white ethnics, Jews, African Americans, Asian immigrants, Latino/as, Arabs and 'others' come to be accepted as equal members in a changing community. Yet we continue to believe that our national sovereignty depends on our power to distinguish between citizens and aliens. Victor Romero reveals the tension between these contradictory conceptions of the New World. The changes brought about by September 11, 2001, and the Patriot Act have made it crucial to develop principles that will allow us to survive -- and thrive. Romero inspires us to be critical but optimistic. His work should be the pre-requisite to discussion of these issues."
--Frank H. Wu, Dean, Wayne State University Law School and author of "Yellow: Race in America Beyond Black and White"

"Victor C. Romero has done what few scholars and journalists have been able to do: he has put a human face on the tragic events ofSeptember 11, and equally importantly, on their aftermath. His important book is almost the perfect blend of doctrinal scholarship in the complex field of immigration law and social science--particularly the anthropological and sociological studies of immigrants in this alien nation. Inasmuch as he immigrated to this country, his voice has a clear and haunting pitch. He has set the bar very high for those of us who write in these areas: all of us will have to reckon with this work."
--Michael A. Olivas, William B. Bates Distinguished Chair in Law and Director, Institute for Higher Education Law and Governance, University of Houston Law Center"The author is correct that we need to re-examine whether a sharp disparity ought to exist between citizens and those others here legally or otherwise who strive to be part of the American dream. This book contributes an important analysis of these issues."
--"Lawyer's Bookshelf"

Throughout American history, the government has used U.S. citizenship and immigration law to protect privileged groups from less privileged ones, using citizenship as a "legitimate" proxy for otherwise invidious, and often unconstitutional, discrimination on the basis of race. While racial discrimination is rarely legally acceptable today, profiling on the basis of citizenship is still largely unchecked, and has in fact arguably increased in the wake of the September 11 terror attacks on the United States. In this thoughtful examination of the intersection between American immigration and constitutional law, Victor C. Romero draws our attention to a "constitutional immigration law paradox" that reserves certain rights for U.S. citizens only, while simultaneouslypurporting to treat all people fairly under constitutional law regardless of citizenship.

As a naturalized Filipino American, Romero brings an outsider's perspective to Alienated, forcing us to look at constitutional immigration law from the vantage point of people whose citizenship status is murky (either legally or from the viewpoint of other citizens and lawmakers), including foreign-born adoptees, undocumented immigrants, tourists, foreign students, and same-gender bi-national partners. Romero endorses an equality-based reading of the Constitution and advocates a new theoretical and practical approach that protects the individual rights of non-citizens without sacrificing their personhood.

The United States faces the realistic and indefinite threat of terrorist attack with nuclear weapons. Whether the United States is successful in preventing such an attack will depend on whether we effectively wield the instruments of security. It will also depend on whether we effectively manage national security processes and apply the law in a manner that both enhances security and upholds our core values. As a result, lawyers, not just presidents, generals, and spies, will decide the outcome of this conflict. This book, first published in 2007, is essential for anyone wanting an understanding of national security law and process. The book includes chapters on constitutional law, the use of force, and homeland security, presented in the context of today's threats and as applied to issues like rendition and electronic surveillance.

Prisoners' rights is an area of constitutional law that is often overlooked. Combining an historical and strategic analysis, this study describes the doctrinal development of the constitutional rights of prisoners from the pre-Warren Court period through the current Rehnquist Court. Like many provisions in the Bill of Rights, the meaning of the Eighth Amendment's language on cruel and unusual punishment and the scope of prisoners' rights have been influenced by prevailing public opinion, interest group advocacy, and--most importantly--the ideological values of the nine individuals who sit on the Supreme Court. These variables are incorporated in a strategic analysis of judicial decision making in an attempt to understand the constitutional development of rights in this area.

Fliter examines dozens of cases spanning 50 years and provides a systematic analysis of strategic interaction on the Supreme Court. His results support the notion that justices do not simply vote their policy preferences; some seek to influence their colleagues and the broader legal community. In many cases there was evidence of strategic interaction in the form of voting fluidity, substantive opinion revisions, dissents from denial of certiorari, and lobbying to form a majority coalition. The analysis reaches beyond death penalty cases and includes noncapital cases arising under the Eighth Amendment, habeas corpus petitions, conditions of confinement cases, and due process claims.

Originally published: Cambridge: Cambridge University Press, 1908. xxviii, 547 pp. Although Maitland never intended to publish these lectures, they have long been regarded as one of the best introductions to the English Constitution. Delivered in the winter of 1887 and spring of 1888, and edited and published in 1908 by one of Maitland's students, Herbert A.L. Fisher, they cover the period from 1066 to the end of the nineteenth century. Rather than a narrative historical format, they focus on describing the work of the constitution during five distinct moments in English history: 1307, 1509, 1625, 1702 and 1887. They provide an entry to some of the major concepts he later expounded in his seminal work written with Sir Frederick Pollock, The History of English Law.
Widely considered the father of modern legal history, FREDERIC WILLIAM MAITLAND 1850-1906] was an English jurist and historian best known for The History of English Law Before the Time of Edward I (1895), written with Sir Frederick Pollock. He was educated at Eton and Cambridge and studied at Lincoln's Inn, London. Maitland was called to the bar in1876 and practiced until 1884, when he became a reader in English law (1884) and professor (1888) at Cambridge. He founded the Selden Society in 1887. Hailed for his original outlook on history, his works had a profound influence on legal scholarship and remain important today.

This volume explores the role race and racism played in the Texas redistricting process and the creation and passage of the state's Voter Identification Law in 2011. The author puts forth research techniques designed to uncover racism and racist intentions even in the face of denials by the public policy decision makers involved. In addition to reviewing the redistricting history of the state, this book also provides an analysis of court decisions concerning the Tenth Amendment to the Constitution, the Voting Rights Act, and a thorough discussion of the Shelby County decision. The author brings together scholarly research and the analysis of significant Supreme Court decisions focusing on race to discuss Texas' election policy process. The core of the book centers on two federal court trials where both the state's congressional, house redistricting efforts, and the Voter ID Bill were found to violate the Voting Rights Act. This is the first book that speaks specifically to the effects of electoral politics and Latinos. The author develops new ground in racial political studies calling for movement beyond the 'dual-race' theoretical models that have been used by both the academy and the courts in looking at the effects of race on the public policy process. The author concludes that the historically tense race relations between Anglos and Latinos in Texas unavoidably affected both the redistricting process and the creation and design of the Voter ID Bill.

Edited by Ronald J. Rychlak, American Law from a Catholic Perspective is one of the most comprehensive surveys of American legal topics by major Catholic legal scholars. Contributors explore bankruptcy, corporate law, environmental law, family law, immigration, labor law, military law, property, torts, and several different aspects of constitutional law, among other subjects. Readers will find probing arguments that bring to bear the critical perspective of Catholic social thought on American legal jurisprudence. Essays include Michael Ariens's account of Catholicism in the intellectual discipline of legal history, William Saunders's assessment of human rights and Catholic social teaching, Hadley Arkes's look at the place of Catholic social thought with respect to bioethics, and many others on major legal topics and their intersection with Catholic social teaching. American Law from a Catholic Perspective is essential reading for all Catholic lawyers, judges, and law students, as well as an important contribution to non-Catholic readers seeking guidance from a faith tradition on questions of legal jurisprudence. Based on well-developed and established ideas in Catholic social thought, the evaluations, suggestions, and remedies offer ample food for thought and a basis for action in the realm of legal scholarship.

This informative, easy-to-use reference book covers a wide range of legal issues that affect children from birth until legal adulthood. Readers will learn about issues of importance to teenagers such as the right to drive, drink, engage in sexual relations, and choose a custodial parent. The book also addresses young adults' legal responsibilities including civil and criminal liability and the special legal doctrines and procedures that protect minors when they are the subject of legal proceedings. General issues such as child custody, support, adoption, abuse, and inheritance are also discussed. Important legislation and legal cases affecting children and young adults are thoroughly covered in this timely volume. A table of cases, a directory of organizations, a guide to further reading, and an index are also included. Includes table of cases A directory of organizations and a guide to further reading round out this volume

View the Table of Contents.
Read the Introduction.

aIt addresses a powerful topic. It is a conceptually creative piece of scholarship, forged from a sophisticated interdisciplinary viewpoint.a
-- The Law and Politics Book Review

"A rich and exceptionally clear account of the meaning-making context and constitution of citizenship."
--Christine Harrington, Institute for Law and Society, New York University

"Mark Weiner provides a rare and radical insight into the racial structures of American law. Reading this racial history through the rhetoric of case law decisions--juridical racialism--provides a dramatic sense of the anthropological scope of what law has done and potentially continues to do."
--Peter Goodrich, Cardozo School of Law

"An enthralling mixture of personages and cases that reveals much about the intimate combining of law and 'American' imperialism, including the complicities of scholarship."
--Peter Fitzpatrick, Birkbeck School of Law, University of London

"Juridical racialism is legal rhetoric infused with Anglo-Saxon racial superiority and Weiner shows how it operated from the Gilded Age to the decision in Brown v. Board of Education. Reading the news, one wonders if it is not still operating today."
--John Brigham, University of Massachusetts, Amherst

Americans Without Law shows how the racial boundaries of civic life are based on widespread perceptions about the relative capacity of minority groups for legal behavior, which Mark S. Weiner calls "juridical racialism." The book follows the history of this civic discourse by examining the legal status of four minority groups in four successive historical periods: American Indiansin the 1880s, Filipinos after the Spanish-American War, Japanese immigrants in the 1920s, and African Americans in the 1940s and 1950s.

Weiner reveals the significance of juridical racialism for each group--and, in turn, Americans as a whole--by examining the work of anthropological social scientists who developed distinctive ways of understanding racial and legal identity, and through decisions of the U.S. Supreme Court that put these ethno-legal views into practice. Combining history, anthropology, and legal analysis, the book argues that the story of juridical racialism shows how race and citizenship served as a nexus for the professionalization of the social sciences, the growth of national state power, economic modernization, and modern practices of the self.

This series argues that there is a common administrative core to European legal systems that can be better understood in comparative terms. This volume examines government liability in tort, using case studies to explore different government responses. Part I sets the stage for the project and the parameters followed by the scholars involved. Part II expands on the legal systems chosen for comparison, setting up their general tort procedures. Part III presents case studies from Austria, the European Union, France, Germany, Hungary, Italy, Poland, Romania, Spain, Switzerland, and the United Kingdom. Each case study has a theoretical response detailing what would happen should that case occur within each country's borders. Part IV compares and contrasts the information provided in Part III. It examines both the commonalities and the distinctive traits of these legal systems, with a view to understand the nature of their 'common core'. This volume is an essential tool for anyone involved in administrative and constitutional law and government liability in tort.

In the modern administrative state, hundreds if not thousands of officials wield powers that can be used to the benefit or detriment of individuals and corporations. When the exercise of these powers is challenged, a great deal can be at stake. Courts are confronted with difficult questions about how to apply the general principles of administrative law in different contexts. Based on a comparative theoretical analysis of the allocation of authority between the organs of government, A Theory of Deference in Administrative Law provides courts with a methodology to apply no matter how complex the subject matter. The firm theoretical foundation of deference is fully exposed and a comprehensive doctrine of curial deference is developed for application by courts in judicial review of administrative action. A wide scope is urged, spanning the whole spectrum of government regulation, thereby ensuring wide access to public law remedies.