Non-Fiction Books:

The Scope and Intensity of Substantive Review

Traversing Taggart’s Rainbow
Click to share your rating 0 ratings (0.0/5.0 average) Thanks for your vote!

Format:

Paperback / softback
$147.00
Available from supplier

The item is brand new and in-stock with one of our preferred suppliers. The item will ship from a Mighty Ape warehouse within the timeframe shown.

Usually ships in 3-4 weeks
Free Delivery with Primate
Join Now

Free 14 day free trial, cancel anytime.

Buy Now, Pay Later with:

4 payments of $36.75 with Afterpay Learn more

6 weekly interest-free payments of $24.50 with Laybuy Learn more

Availability

Delivering to:

Estimated arrival:

  • Around 14-26 June using International Courier

Description

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.

Author Biography:

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.
Release date NZ
September 28th, 2017
Contributors
  • Edited by Hanna Wilberg
  • Edited by Mark Elliott
Pages
444
Audiences
  • Professional & Vocational
  • Tertiary Education (US: College)
ISBN-13
9781509917044
Product ID
26734808

Customer reviews

Nobody has reviewed this product yet. You could be the first!

Write a Review

Marketplace listings

There are no Marketplace listings available for this product currently.
Already own it? Create a free listing and pay just 9% commission when it sells!

Sell Yours Here

Help & options

Filed under...