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Vigilance and Restraint in the Common Law of Judicial Review Dean R. Knight (Victoria University of Wellington)

Vigilance and Restraint in the Common Law of Judicial Review By Dean R. Knight (Victoria University of Wellington)

Vigilance and Restraint in the Common Law of Judicial Review by Dean R. Knight (Victoria University of Wellington)


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Summary

Examining doctrinal, conceptual and normative dimensions of judicial review of administrative action, Dean R. Knight explores how Anglo-Commonwealth courts vary the depth of scrutiny in a variety of ways and critically appraises the virtues of different approaches.

Vigilance and Restraint in the Common Law of Judicial Review Summary

Vigilance and Restraint in the Common Law of Judicial Review by Dean R. Knight (Victoria University of Wellington)

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.

About Dean R. Knight (Victoria University of Wellington)

Dean R. Knight is Senior Lecturer in the Faculty of Law and Co-Director of the New Zealand Centre for Public Law at Victoria University of Wellington. His scholarly interests include a wide range of topics in constitutional and administrative law, including judicial review and local democracy.

Table of Contents

1. Introduction; 2. Scope of review; 3. Grounds of review; 4. Intensity of review; 5. Contextual review; 6. Conclusion.

Additional information

GOR013383989
9781107190245
110719024X
Vigilance and Restraint in the Common Law of Judicial Review by Dean R. Knight (Victoria University of Wellington)
Used - Very Good
Hardback
Cambridge University Press
2018-04-19
304
N/A
Book picture is for illustrative purposes only, actual binding, cover or edition may vary.
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