A Theory of Deference in Administrative Law: Basis, Application and Scope

Paul Daly

doi:10.1017/CBO9781139179058

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.

'Daly’s book is an excellent and fascinating contribution to administrative law theory that deserves a wide readership. It forces one to examine long-standing taxonomies in English administrative law.'

Alison L. Young Source: Public Law

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A Theory of Deference in Administrative Law

Basis, Application and Scope

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Contents

A Theory of Deference in Administrative Law - Half title page
pp i-ii

A Theory of Deference in Administrative Law - Title page
pp iii-iii

Copyright page
pp iv-iv

Contents
pp v-vi

Acknowledgements
pp vii-viii

Table of cases
pp ix-xviii

Introduction
pp 1-6

1 - Defining deference
pp 7-35

2 - The delegation argument
pp 36-69

3 - The practical justifications for curial deference
pp 70-136

4 - Variable standards of review
pp 137-185

5 - Deference, proportionality and fundamental rights
pp 186-219

6 - Jurisdiction, questions of law and discretion
pp 220-266

7 - Deference and political questions
pp 267-286

Conclusion
pp 287-296

Index
pp 297-304

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A Theory of Deference in Administrative Law

Basis, Application and Scope

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