Scope and Intensity of Substantive Review

Traversing Taggart's Rainbow

Scope and Intensity of Substantive Review
Hanna Wilberg, Mark Elliott, H ...
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Last edited by MARC Bot
April 30, 2025 | History

Scope and Intensity of Substantive Review

Traversing Taggart's Rainbow

"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."--Bloomsbury Publishing.

Publish Date
Language
English
Pages
444

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Edition Availability
Cover of: Scope and Intensity of Substantive Review
Scope and Intensity of Substantive Review: Traversing Taggart's Rainbow
2017, Bloomsbury Publishing Plc
in English
Cover of: Scope and Intensity of Substantive Review
Scope and Intensity of Substantive Review: Traversing Taggart's Rainbow
2015, Bloomsbury Publishing Plc
in English
Cover of: Scope and Intensity of Substantive Review
Scope and Intensity of Substantive Review: Traversing Taggart's Rainbow
2015, Bloomsbury Publishing Plc
in English
Cover of: Scope and Intensity of Substantive Review
Scope and Intensity of Substantive Review: Traversing Taggart's Rainbow
2015, Bloomsbury Publishing Plc
in English

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Book Details


Classifications

Library of Congress
K3412, K559 .S36 2015

Edition Identifiers

Open Library
OL28563775M
ISBN 13
9781849464680
OCLC/WorldCat
927168919
Digital Object Identifier (DOI)
10.5040/9781474202701

Work Identifiers

Work ID
OL21101693W

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April 30, 2025 Edited by MARC Bot import existing book
August 4, 2020 Created by ImportBot import new book