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Book Synopsis A Theory of Deference in Administrative Law by : Paul Daly
Download or read book A Theory of Deference in Administrative Law written by Paul Daly and published by Cambridge University Press. This book was released on 2012-06-28 with total page 323 pages. Available in PDF, EPUB and Kindle. Book excerpt: Paul Daly develops a theory concerning the appropriate allocation of authority between courts and administrative bodies.
Book Synopsis The Age of Deference by : David Rudenstine
Download or read book The Age of Deference written by David Rudenstine and published by Oxford University Press. This book was released on 2016 with total page 345 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Rudenstine's [book] traces the [Supreme] Court's role in the rise of judicial deference to executive power since the end of World War II. He [posits that], in case after case, going back to the Truman and Eisenhower presidencies, the Court has ceded authority in national security matters to the executive branch. Since 9/11, the executive faces even less oversight. According to Rudenstine, this has had a negative impact both on individual rights and on our ability to check executive authority when necessary"--
Download or read book Deference written by Gary Lawson and published by Oxford University Press. This book was released on 2019-11-11 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: Deference is perhaps the most important concept and practice in law. It lies at the core of every system of precedent, appellate review, federalism, and separation of powers, all of which center on how one actor should deal with previous decisions. Oddly enough, deference is also one of the most under-analyzed and under-theorized legal concepts and practices, perhaps because its applications are so varied. This book's goal is to provide a definition of deference and a vocabulary for discussing it that can be used to describe, explain, and/or criticize deference in all of its manifestations, including some manifestations that are not always identified by legal actors as instances of deference. This project does not seek to prescribe whether and how any legal system should apply deference in any specific circumstance or to critique any particular deference doctrines. Rather, it aims to bring the concept of deference to the forefront of legal discussion; to identify, catalogue, and analyze at least the chief among its many applications; to set forth the many and varied rationales that can be and have been offered in support of deference in different legal contexts; and thereby to provide a vocabulary and conceptual framework that can be employed in future projects, whether those projects are descriptive or prescriptive.
Book Synopsis The Decline of Deference by : Neil Nevitte
Download or read book The Decline of Deference written by Neil Nevitte and published by Peterborough, Ont. : Broadview Press. This book was released on 1996-08 with total page 404 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this extraordinarily wide-ranging book, Neil Nevitte demonstrates that the changing patterns of Canadian values are connected.
Book Synopsis Judging at the Interface by : Esmé Shirlow
Download or read book Judging at the Interface written by Esmé Shirlow and published by Cambridge University Press. This book was released on 2021-02-18 with total page 381 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book investigates how international adjudicators defer to State decision-making authority, and what that reveals about the domestic-international interface.
Book Synopsis The Ethics of Deference by : Philip Soper
Download or read book The Ethics of Deference written by Philip Soper and published by Cambridge University Press. This book was released on 2002-10-24 with total page 214 pages. Available in PDF, EPUB and Kindle. Book excerpt: Differs from standard approaches by focusing on the language of deference instead of obedience.
Book Synopsis Biosociology of Dominance and Deference by : Allan Mazur
Download or read book Biosociology of Dominance and Deference written by Allan Mazur and published by Rowman & Littlefield. This book was released on 2005 with total page 214 pages. Available in PDF, EPUB and Kindle. Book excerpt: Biology_perhaps the most exciting science of the last half-century_is reaching into scholarly disciplines throughout academia, yet sociology has barely entertained it. The reasons for hesitation are clear enough. Sociobiology and ethology have been unappealing to sociologists because they explain human behavior the same way they explain the behavior of social insects, fish, and birds; often evoking images of sexism and Social Darwinism, both anathemas to modern sociologists. Nonetheless, sociologists do show growing interest in biology and what it can contribute to their discipline. In this short, engaging volume Allan Mazur develops new and sociologically sophisticated concepts to bring these fields together. His book is about the social biology of face-to-face dominance interactions and it explores the evolution of behavior through connections among biology, language, culture, and socialization. Topics include comparative primate behavior, physiological and brain mechanisms underlying status processes, and the relevance of the body surface (face, physique, gestures) to status allocation. The book is meant to be a self-contained exploration_sociologists would require no prior knowledge of biology; biologists would require no prior knowledge of sociology_and a fun, informative supplement for courses throughout sociology and the social sciences.
Book Synopsis Deference to the Administration in Judicial Review by : Guobin Zhu
Download or read book Deference to the Administration in Judicial Review written by Guobin Zhu and published by Springer Nature. This book was released on 2019-11-23 with total page 445 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book investigates judicial deference to the administration in judicial review, a concept and legal practice that can be found to a greater or lesser degree in every constitutional system. In each system, deference functions differently, because the positioning of the judiciary with regard to the separation of powers, the role of the courts as a mechanism of checks and balances, and the scope of judicial review differ. In addition, the way deference works within the constitutional system itself is complex, multi-faceted and often covert. Although judicial deference to the administration is a topical theme in comparative administrative law, a general examination of national systems is still lacking. As such, a theoretical and empirical review is called for. Accordingly, this book presents national reports from 15 jurisdictions, ranging from Argentina, Canada and the US, to the EU. Constituting the outcome of the 20th General Congress of the International Academy of Comparative Law, held in Fukuoka, Japan in July 2018, it offers a valuable and unique resource for the study of comparative administrative law.
Book Synopsis Constitutional Deference, Courts and Socio-economic Rights in South Africa by : Kirsty McLean
Download or read book Constitutional Deference, Courts and Socio-economic Rights in South Africa written by Kirsty McLean and published by PULP. This book was released on 2009 with total page 255 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutional Deference, Courts and Socio-Economic Rights in South Africaby Kirsty McLean2009ISBN: 978-0-9814124-8-1Pages: viii 246Print version: AvailableElectronic version: Free PDF available.
Book Synopsis Judicial Deference in International Adjudication by : Johannes Hendrik Fahner
Download or read book Judicial Deference in International Adjudication written by Johannes Hendrik Fahner and published by Bloomsbury Publishing. This book was released on 2020-08-06 with total page 318 pages. Available in PDF, EPUB and Kindle. Book excerpt: International courts and tribunals are increasingly asked to pass judgment on matters that are traditionally considered to fall within the domestic jurisdiction of States. Especially in the fields of human rights, investment, and trade law, international adjudicators commonly evaluate decisions of national authorities that have been made in the course of democratic procedures and public deliberation. A controversial question is whether international adjudicators should review such decisions de novo or show deference to domestic authorities. This book investigates how various international courts and tribunals have responded to this question. In addition to a comparative analysis, the book provides a normative argument, discussing whether different forms of deference are justified in international adjudication. It proposes a distinction between epistemic deference, which is based on the superior capacity of domestic authorities to make factual and technical assessments, and constitutional deference, which is based on the democratic legitimacy of domestic decision-making. The book concludes that epistemic deference is a prudent acknowledgement of the limited expertise of international adjudicators, whereas the case for constitutional deference depends on the relative power of the reviewing court vis-à-vis the domestic legal order.
Book Synopsis Political Deference in a Democratic Age by : Catherine Marshall
Download or read book Political Deference in a Democratic Age written by Catherine Marshall and published by Springer Nature. This book was released on 2021-01-13 with total page 359 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the concept of deference as used by historians and political scientists. Often confused and judged to be outdated, it shows how deference remains central to understanding British politics to the present day. This study aims to make sense of how political deference has functioned in different periods and how it has played a crucial role in legitimising British politics. It shows how deference sustained what are essentially English institutions, those which dominated the Union well into the second half of the twentieth century until the post-1997 constitutional transformations under New Labour. While many dismiss political and institutional deference as having died out, this book argues that a number of recent political decisions – including the vote in favour of Brexit in June 2016 – are the result of a deferential way of thinking that has persisted through the democratic changes of the twentieth century. Combining close readings of theoretical texts with analyses of specific legal changes and historical events, the book charts the development of deference from the eighteenth century through to the present day. Rather than offering a comprehensive history of deference, it picks out key moments that show the changing nature of deference, both as a concept and as a political force.
Book Synopsis Proportionality and Deference in Investor-State Arbitration by : Caroline Henckels
Download or read book Proportionality and Deference in Investor-State Arbitration written by Caroline Henckels and published by Cambridge University Press. This book was released on 2015-10-15 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt: Caroline Henckels examines how investment tribunals should balance competing state and investor interests in determining state liability in regulatory disputes.
Book Synopsis The Age of Deference by : David Rudenstine
Download or read book The Age of Deference written by David Rudenstine and published by Oxford University Press. This book was released on 2016-07-11 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: In October 1948-one year after the creation of the U.S. Air Force as a separate military branch-a B-29 Superfortress crashed on a test run, killing the plane's crew. The plane was constructed with poor materials, and the families of the dead sued the U.S. government for damages. In the case, the government claimed that releasing information relating to the crash would reveal important state secrets, and refused to hand over the requested documents. Judges at both the U.S. District Court level and Circuit level rejected the government's argument and ruled in favor of the families. However, in 1953, the Supreme Court reversed the lower courts' decisions and ruled that in the realm of national security, the executive branch had a right to withhold information from the public. Judicial deference to the executive on national security matters has increased ever since the issuance of that landmark decision. Today, the government's ability to invoke state secrets privileges goes unquestioned by a largely supine judicial branch. David Rudenstine's The Age of Deference traces the Court's role in the rise of judicial deference to executive power since the end of World War II. He shows how in case after case, going back to the Truman and Eisenhower presidencies, the Court has ceded authority in national security matters to the executive branch. Since 9/11, the executive faces even less oversight. According to Rudenstine, this has had a negative impact both on individual rights and on our ability to check executive authority when necessary. Judges are mindful of the limits of their competence in national security matters; this, combined with their insulation from political accountability, has caused them in matters as important as the nation's security to defer to the executive. Judges are also afraid of being responsible for a decision that puts the nation at risk and the consequences for the judiciary in the wake of such a decision. Nonetheless, The Age of Deference argues that as important as these considerations are in shaping a judicial disposition, the Supreme Court has leaned too far, too often, and for too long in the direction of abdication. There is a broad spectrum separating judicial abdication, at one end, from judicial usurpation, at the other, and The Age of Deference argues that the rule of law compels the court to re-define its perspective and the legal doctrines central to the Age.
Book Synopsis Deference in International Courts and Tribunals by : Lukasz Gruszczynski
Download or read book Deference in International Courts and Tribunals written by Lukasz Gruszczynski and published by Oxford University Press, USA. This book was released on 2014 with total page 465 pages. Available in PDF, EPUB and Kindle. Book excerpt: International courts use two key methodologies to determine the degree of deference granted to states in their implementation of international obligations: the standard of review and margin of appreciation. This book investigates how these doctrines are applied in international courts, analysing where their approaches converge and diverge.
Book Synopsis Deference in International Commercial Arbitration by : Franco Ferrari
Download or read book Deference in International Commercial Arbitration written by Franco Ferrari and published by Kluwer Law International B.V.. This book was released on 2023-05-12 with total page 560 pages. Available in PDF, EPUB and Kindle. Book excerpt: In international arbitration, deference entails that one decision-maker does not make an autonomous assessment but limits its decision-making power out of respect for the decision or authority of another actor. For example, a court exercising post-award review might refrain from reviewing a question of procedure de novo but instead defer to a prior determination made by the arbitral tribunal. In this book, prominent arbitration practitioners and academics offer the first systematic analysis of such deference in international arbitration. With abundant reference to case law from major arbitration hubs, the analysis is organized around the three relationships in which questions of deference arise: public-private relationships in which a State actor (e.g., a court) must decide whether it should pay deference to determinations made by a private actor (e.g., a tribunal or an arbitral institution); public-public relationships in which a State actor (e.g., a court at the place of recognition and enforcement) must decide whether it should pay deference to another State actor (e.g., a court at the seat); and private-private relationships in which a private actor (e.g., an arbitral tribunal) must decide whether it should pay deference to another private actor (e.g., another arbitral tribunal or an arbitral institution). The book makes an important contribution to tracing the boundaries of the multiple layers of control over arbitration proceedings. It takes a giant step towards establishing the right equilibrium between the different layers of authority and thus meeting a pivotal challenge for the viability of arbitration as a form of dispute resolution.
Book Synopsis A Theory of Deference in Administrative Law by : Paul Daly
Download or read book A Theory of Deference in Administrative Law written by Paul Daly and published by Cambridge University Press. This book was released on 2012-06-28 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Proportionality and Deference under the UK Human Rights Act by : Alan D. P. Brady
Download or read book Proportionality and Deference under the UK Human Rights Act written by Alan D. P. Brady and published by Cambridge University Press. This book was released on 2012-05-03 with total page 311 pages. Available in PDF, EPUB and Kindle. Book excerpt: The courts use the proportionality test to assess the Convention-compatibility of the full range of government action, from administrative decisions to primary legislation. In applying the test, the courts are often conscious of the need to pay some deference to the expertise and competence of other branches of government. This rigorous analysis of the relationship between proportionality and deference under the Human Rights Act sets out a model of proportionality, drawn from existing case law, which integrates deference within the multi-stage proportionality test. The model is 'institutionally sensitive' and can be applied to proportionality-based judicial review of all forms of government activity. The model is shown in operation in three fields that span the full range of government activity: immigration (administrative action), criminal justice (legislation) and housing (multi-level decisions).
