A Theory of Deference in
Administrative Law:
Basis, Application and Scope
di
Professor Paul Daly
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.
