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The Scope and Intensity of Substantive Review - Traversing Taggart's Rainbow (Hardcover)
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The Scope and Intensity of Substantive Review - Traversing Taggart's Rainbow (Hardcover)
Series: Hart Studies in Comparative Public Law
Expected to ship within 12 - 19 working days
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Inspired by the work of Professor Michael Taggart, this collection
of essays from across the common law world is concerned with two
separate but related themes. First, to what extent and by what
means should review on substantive grounds such as unreasonableness
be expanded and intensified? Jowell, Elliott and Varuhas all agree
with Taggart that proportionality should not 'sweep the rainbow',
but propose different schemes for organising and conceptualising
substantive review. Groves and Weeks, and Hoexter evaluate the
state of substantive review in Australia and South Africa
respectively. The second theme concerns the broader (Canadian)
sense of substantive review including the illegality grounds, and
whether deference should extend to these grounds. Cane and Aronson
consider the relevance and impact of different constitutional and
doctrinal settings. Wilberg and Daly address questions concerning
when and how deference is to operate once it is accepted as
appropriate in principle. Rights-based review is discussed in a
separate third part because it raises both of the above questions.
Geiringer, Sales and Walters examine the choices to be made in
settling the approach in this area, each focusing on a different
dichotomy. Taggart's work is notable for treating these various
aspects of substantive review as parts of a broader whole, and for
his search for an appropriate balance between judicial scrutiny and
administrative autonomy across this entire area. By bringing
together essays on all these topics, this volume seeks to build on
that approach.
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