Deference to the Administration in Judicial Review

1. Front Matter

   Pages i-xiii

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2. Deference to the Administration in Judicial Review: Comparative Perspectives

   • Guobin Zhu

   Pages 1-21

3. Deference to the Administration in Judicial Review in Argentina

   • Pedro Aberastury

   Pages 23-37

4. Deference to the Administration in Judicial Review in Australia

   • Fleur Kingham

   Pages 39-87

5. Comparer la déférence judiciaire : regards canadiens vers l’extérieur

   • Nicolas Lambert

   Pages 89-104

6. Deference to the Administration in Judicial Review in China

   • Qinwei Gao

   Pages 105-131

7. Deference to the Administration in Judicial Review in the Czech Republic

   • Zdenek Kühn, Josef Staša

   Pages 133-155

8. Deference to the Administration in Judicial Review in Denmark

   • Bent Ole Gram Mortensen, Frederik Waage

   Pages 157-163

9. Deference to the Administration in Judicial Review: The European Union

   • Mariolina Eliantonio

   Pages 165-179

10. Deference to the Administration in Judicial Review in Finland

    • Olli Mäenpää

    Pages 181-201

11. A Principled Approach to Judicial Deference for Hong Kong

    • Cora Chan

    Pages 203-229

12. Judicial Deference to the Administration in Israel

    • Margit Cohn

    Pages 231-269

13. Judicial Review of Administrative Action in Italy: Beyond Deference?

    • Giacinto della Cananea

    Pages 271-293

14. Deference to the Administration in Judicial Review in Japan

    • Norikazu Kawagishi

    Pages 295-325

15. Deference to the Administration in Judicial Review: The Case of the Netherlands

    • Tom Barkhuysen, Michiel L. van Emmerik

    Pages 327-344

16. The “Dreadful Truth” and Transparent Fictions: Deference in New Zealand Administrative Law

    • W. John Hopkins

    Pages 345-362

17. Deference to the Public Administration in Judicial Review: A Polish Perspective

    • Zbigniew Kmieciak, Joanna Wegner

    Pages 363-377

18. ‘The Notion of a Subjective or Unfettered Discretion is Contrary to the Rule of Law’: Judicial Review of Administrative Action in Singapore

    • Eugene K. B. Tan

    Pages 379-404

19. Full Judicial Review or Administrative Discretion? A Swedish Perspective on Deference to the Administration

    • Henrik Wenander

    Pages 405-415

20. Judicial Deference to the Administration in the United States

    • John C. Reitz

    Pages 417-445

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.

• Judicial deference to the administration in judicial review
• Judicial review of administrative actions
• Constitutional review
• Judicial power
• Role of the Courts
• Separation of powers
• Judicial self-restraint with caution
• Judicial self-restraint and judicial passivism
• Comparative administrative law
• Administrative law

• School of Law, City University of Hong Kong, Kowloon Tong, Hong Kong

  Guobin Zhu

Guobin Zhu, Professor of Law at School of Law, Director of Human Rights Law and Policy Forum, City University of Hong Kong; Concurrently, Director of City University of Hong Kong Press. BA, MA, LLM (RenminU of China, Beijing), LLM (HKU, Hong Kong), PhD and HDR (Aix-Marseille University, France). Titular Member, International Academy of Comparative Law; Council Member, Chinese Association of Constitutional Law, and Chinese Judicial Studies Association. Areas of Research and Interest: Comparative Constitutional and Administrative Law, Chinse and Hong Kong Constitutional and Administrative Law, Human Rights Law, and Chinese Public Administration.

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