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A Theory of Deference in Administrative Law - Basis, Application and Scope (Hardcover, New)
Loot Price: R2,842
Discovery Miles 28 420
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A Theory of Deference in Administrative Law - Basis, Application and Scope (Hardcover, New)
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Total price: R2,862
Discovery Miles: 28 620
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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.
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