Free PDF Judicial Review of Commercial Regulation
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Book Details :
Published on: 2011-06-11
Released on: 2011-06-11
Original language:
English courts have traditionally held a policy of judicial restraint towards regulatory decisions in the commercial context. This book provides a critical view of the courts' deferential attitude and advocates a more intensive form of judicial review which is more satisfactory in terms of individual justice. Addressing the issue in three parts, the orthodox common law position on judicial review is first set out, demonstrating the deferential approach of the courts and highlighting the limited scope of review in a commercial context. The regulator's expertise and institutional autonomy, and the demands of administrative efficiency, all contribute to preventing the courts from interfering with the development of regulatory policies. The book then moves on to consider how current policy appears to be inconsistent with the relevant values of English public law which protect individuals from capricious and arbitrary executive action - particularly the right of the applicant to obtain an independent assessment of the validity of the impugned decision by a court which acts as ultimate arbiter of law. Setting out an alternative model based on European human rights law, the book contends close supervision is necessary over decisions which alter or determine the operation of markets in order to reach a level of judicial control that is consistent with the requirements of fairness and reasonableness in this area and with proper respect for the rights of the parties involved. This alternative approach finds its roots in the principle of proportionality, which entails a greater judicial attenuation of administrative autonomy in order to ensure that actions do not go beyond what it is strictly necessary to achieve the desired outcome. Arizona Secretary of State Elections. 2016 Election Night Results; Elections Calendar & Upcoming Events; Voting In This Election. 2016 Election Information. Poll Worker Sign Up; Trabajador/a de ... Nevada Legislature Welcome to the Nevada Legislature: The 79th (2017) Session of the Nevada Legislature will begin on Monday February 6 2017. Maryland General Assembly Home Page The General Assembly is Maryland's legislative body and directly represents the electorate. The state has 47 districts represented by 47 Senators and 141 Delegates. Judiciary - Wikipedia The judiciary (also known as the judicial system or court system) is the system of courts that interprets and applies the law in the name of the state. Law Commission Welcome. The Law Commission is the statutory independent body created by the Law Commissions Act 1965 to keep the law of England and Wales under review and to ... Library Home Page Georgetown Law GULLiver is our primary catalog. It contains permanent links to all Law Library print and electronic resources. GULLiver is also the resource to access your library ... NM Courts Home Meet Your Justices. The New Mexico Supreme Court is the State's highest court and final court of review (court of last resort). In addition to reviewing decisions of ... U.S. Bureau of Labor Statistics The Bureau of Labor Statistics is the principal fact-finding agency for the Federal Government in the broad field of labor economics and statistics. Home Acquisition.GOV Welcome to acquisition.gov's new series of videos FAN In A Minute. This is Episode Four Ripeness - Wikipedia In United States law ripeness refers to the readiness of a case for litigation; "a claim is not ripe for adjudication if it rests upon contingent future events that ...
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