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Vigilance and Restraint in the Common Law of Judicial Review (Hardcover)
Loot Price: R2,785
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Vigilance and Restraint in the Common Law of Judicial Review (Hardcover)
Series: Cambridge Studies in Constitutional Law
Expected to ship within 12 - 17 working days
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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.
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