The Scope and Intensity of Substantive Review: Traversing Taggart’s Rainbow

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Hanna Wilberg (University of Auckland, Aotearoa New Zealand) Mark Elliott (University of Cambridge)

The Scope and Intensity of Substantive Review

Traversing Taggart’s Rainbow

Hanna Wilberg (University of Auckland, Aotearoa New Zealand), Mark Elliott (University of Cambridge)

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English

Hart Publishing
28 September 2017

Common law; Constitutional & administrative law

Series: Hart Studies in Comparative Public Law

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.

Edited by: Hanna Wilberg (University of Auckland Aotearoa New Zealand), Mark Elliott (University of Cambridge)
Imprint: Hart Publishing
Country of Publication: United Kingdom
Weight: 621g
ISBN: 9781509917044
ISBN 10: 1509917047
Series: Hart Studies in Comparative Public Law
Pages: 444
Publication Date: 28 September 2017
Audience: Professional and scholarly , College/higher education , Undergraduate , Primary
Format: Paperback
Publisher's Status: Active

Hanna Wilberg is a Senior Lecturer at the University of Auckland Faculty of Law. Mark Elliott is a Reader in Public Law at the University of Cambridge.

Reviews for The Scope and Intensity of Substantive Review: Traversing Taggart’s Rainbow

[an] illuminating collection of essays -- Lord Carnwath (Youssef v Foreign Secretary, UK Supreme Court, 2016)

PERHAPS A GIFT VOUCHER FOR MUM?: MOTHER'S DAY

The Scope and Intensity of Substantive Review

Traversing Taggart’s Rainbow

Hanna Wilberg (University of Auckland, Aotearoa New Zealand), Mark Elliott (University of Cambridge)

$69.99

Paperback

Reviews for The Scope and Intensity of Substantive Review: Traversing Taggart’s Rainbow

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