Download or read book A Theory of Deference in Administrative Law written by Paul Daly and published by Cambridge University Press. This book was released on 2012-06-28 with total page 323 pages. Available in PDF, EPUB and Kindle. Book excerpt: Paul Daly develops a theory concerning the appropriate allocation of authority between courts and administrative bodies.
Download or read book The Age of Deference written by David Rudenstine and published by Oxford University Press. This book was released on 2016 with total page 345 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Age of Deference traces the Court's role in the rise of judicial deference to executive power since the end of World War II.
Download or read book In Deference to the Other written by Jim Kanaris and published by State University of New York Press. This book was released on 2012-02-01 with total page 203 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Deference to the Other brings contemporary continental thought into conversation with that of Bernard Lonergan (1904–1984), the Jesuit philosopher and theologian. This is an opportune moment to open such a dialogue: philosophers and theologians indebted to Lonergan have increasingly found themselves challenged by the insights of thinkers typically dubbed "postmodern," while postmodernists, most notably Jacques Derrida, have begun to ask the "God question." While Lonergan was not a continental philosopher, neither was he an analytic philosopher. Concerned with both epistemology and cognition, his systematic and hermeneutic-like proposals resonate with the concerns of philosophers such as Derrida, Foucault, Levinas, and Kristeva. Contributors to this volume find insight and affiliation between Lonergan's thought and contemporary continental thought in a wide-ranging work that engages the philosophical problems of authenticity, self-appropriation, ethics, and the human subject.
Download or read book The Decline of Deference written by Neil Nevitte and published by Peterborough, Ont. : Broadview Press. This book was released on 1996-08 with total page 404 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this extraordinarily wide-ranging book, Neil Nevitte demonstrates that the changing patterns of Canadian values are connected.
Download or read book Deference to the Administration in Judicial Review written by Guobin Zhu and published by Springer Nature. This book was released on 2019-11-23 with total page 445 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Proportionality and Deference Under the UK Human Rights Act written by Alan D. P. Brady and published by Cambridge University Press. This book was released on 2012-05-03 with total page 311 pages. Available in PDF, EPUB and Kindle. Book excerpt: A rigorous analysis of the relationship between proportionality and deference under the Human Rights Act.
Download or read book Political Deference in a Democratic Age written by Catherine Marshall and published by Springer Nature. This book was released on 2021-01-13 with total page 359 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the concept of deference as used by historians and political scientists. Often confused and judged to be outdated, it shows how deference remains central to understanding British politics to the present day. This study aims to make sense of how political deference has functioned in different periods and how it has played a crucial role in legitimising British politics. It shows how deference sustained what are essentially English institutions, those which dominated the Union well into the second half of the twentieth century until the post-1997 constitutional transformations under New Labour. While many dismiss political and institutional deference as having died out, this book argues that a number of recent political decisions – including the vote in favour of Brexit in June 2016 – are the result of a deferential way of thinking that has persisted through the democratic changes of the twentieth century. Combining close readings of theoretical texts with analyses of specific legal changes and historical events, the book charts the development of deference from the eighteenth century through to the present day. Rather than offering a comprehensive history of deference, it picks out key moments that show the changing nature of deference, both as a concept and as a political force.
Download or read book Judging at the Interface written by Esmé Shirlow and published by . This book was released on 2020-12 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: "Introduction Deference and the International Adjudication of Private Property Disputes While working as a government lawyer in 2011, a letter came into our office advising that the Philip Morris tobacco company had decided to sue Australia under a bilateral investment treaty. The company contended that Australia's tobacco plain packaging requirements breached its intellectual property rights, entitling it to billions of dollars in compensation under international law. This news was not particularly shocking to the small team of which I was part, which had been assembled within the government's Office of International Law to respond to these types of claims. The news was shocking, though, to the wider Australian community. Over the ensuing months, the community's disbelief became better-articulated in the press: How can an international tribunal sit in judgment over a measure which the Australian Parliament had decided was in the public interest after extensive scientific enquiry and public consultation? Could an international tribunal really reverse the finding of Australia's highest court that the legislation was lawful?"--
Download or read book Disagreement Deference and Religious Commitment written by John Pittard and published by Oxford University Press, USA. This book was released on 2020 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: Every known religious or explicitly irreligious outlook is contested by large contingents of informed and reasonable people. Many philosophers have argued that reflection on this fact should lead us to abandon confident religious or irreligious belief and to embrace religious skepticism. John Pittard critically assesses the case for such disagreement-motivated religious skepticism. While the book focuses on religious disagreement, it makes a number of significant contributions to the more general discussion of the rational significance of disagreement as well.
Download or read book The U S Press and Iran written by William A. Dorman and published by Univ of California Press. This book was released on 2023-04-28 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: No one seriously interested in the character of public knowledge and the quality of debate over American alliances can afford to ignore the complex link between press and policy and the ways in which mainstream journalism in the U.S. portrays a Third World ally. The case of Iran offers a particularly rich view of these dynamics and suggests that the press is far from fulfilling the watchdog role assigned it in democratic theory and popular imagination. This title is part of UC Press's Voices Revived program, which commemorates University of California Press's mission to seek out and cultivate the brightest minds and give them voice, reach, and impact. Drawing on a backlist dating to 1893, Voices Revived makes high-quality, peer-reviewed scholarship accessible once again using print-on-demand technology. This title was originally published in 1988. No one seriously interested in the character of public knowledge and the quality of debate over American alliances can afford to ignore the complex link between press and policy and the ways in which mainstream journalism in the U.S. portrays a Third Worl
Download or read book Class Politics and the Decline of Deference in England 1968 2000 written by Florence Sutcliffe-Braithwaite and published by Oxford University Press. This book was released on 2018 with total page 261 pages. Available in PDF, EPUB and Kindle. Book excerpt: In late twentieth-century England, inequality was rocketing, yet some have suggested that the politics of class was declining in significance, while others argue that class identities lost little power. Neither interpretation is satisfactory: class remained important to "ordinary" people's narratives about social change and their own identities throughout the period 1968-2000, but in changing ways. Using self-narratives drawn from a wide range of sources--the raw materials of sociological studies, transcripts from oral history projects, Mass Observation, and autobiography--the book examines class identities and narratives of social change between 1968 and 2000, showing that by the end of the period, class was often seen as an historical identity, related to background and heritage, and that many felt strict class boundaries had blurred quite profoundly since 1945. Class snobberies "went underground", as many people from all backgrounds began to assert that what was important was authenticity, individuality, and ordinariness. In fact, Sutcliffe-Braithwaite argues that it is more useful to understand the cultural changes of these years through the lens of the decline of deference, which transformed people's attitudes towards class, and towards politics. The study also examines the claim that Thatcher and New Labour wrote class out of politics, arguing that this simple--and highly political - narrative misses important points. Thatcher was driven by political ideology and necessity to try to dismiss the importance of class, while the New Labour project was good at listening to voters--particularly swing voters in marginal seats--and echoing back what they were increasingly saying about the blurring of class lines and the importance of ordinariness. But this did not add up to an abandonment of a majoritarian project, as New Labour reoriented their political project to emphasize using the state to empower the individual.
Download or read book Never Mind the Bosses written by Robin Ryde and published by John Wiley & Sons. This book was released on 2012-09-24 with total page 129 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the last few decades, power, information and resources have moved from being concentrated in the hands of a few, to being disbursed across many. We need look no further than events on the world stage to see the heat signature of this – from the arrival of Wikileaks, the Arab Spring of 2011 and the Occupy movements, to the social media revolution and flashpoints such as the British Members of Parliament expenses scandal. All are examples of deep change occurring. This book is about what this means for the workplace and for management. The proposition offered here is that our organisations need to catch up, and that the “death of deference” that we are seeing elsewhere in society needs to be accelerated in the workplace. Systems of deference slow down organisational performance. Deference prevents organisations from learning. It stops them from being agile, innovative and ethical. Deference is the enemy of organisational success and it needs to be dismantled so that in its place we can build modern organisations with a new breed of managers and leaders. This book offers a solution to a problem that belongs in the last century, and a game plan for nothing short of a workplace revolution. "If deference is dead, this book is about the resurrection of the effective manager in a world where nothing is quite the way it used to be. Powerful and thought-provoking from start to finish." - Jeremy Vine, BBC Presenter and Author “Never Mind the Bosses is a refreshing type of management book, it advocates that deference to authority figures needs to go if we are to have engaged workforces.” - Cary L. Cooper, CBE, Distinguished Professor of Organizational Psychology and Health at Lancaster University Management School "An engaging and entertaining romp through the post punk world. By going beyond the boundaries of most business books, Ryde gives us all food for thought about how organisations are, or are not, dealing with a rapidly changing society and workforce." - Jo Owen, bestselling author of ‘How to Manage’ and 'How to Lead' “If you are looking for a book that will shake up your thinking about how to improve your organization’s performance – or worried that your competitors will find it first! – try this one.” - Professor Dutch Leonard, Harvard Business School & Harvard University's John F. Kennedy School of Government
Download or read book Deference written by Gary Lawson and published by . This book was released on 2019 with total page 229 pages. Available in PDF, EPUB and Kindle. Book excerpt: Deference is perhaps the most important concept and practice in law. It lies at the core of every system of precedent, appellate review, federalism, and separation of powers, all of which center on how one actor should deal with previous decisions. Oddly enough, deference is also one of the most under-analyzed and under-theorized legal concepts and practices, perhaps because its applications are so varied. This book's goal is to provide a definition of deference and a vocabulary for discussing it that can be used to describe, explain, and/or criticize deference in all of its manifestations, including some manifestations that are not always identified by legal actors as instances of deference. This project does not seek to prescribe whether and how any legal system should apply deference in any specific circumstance or to critique any particular deference doctrines. Rather, it aims to bring the concept of deference to the forefront of legal discussion; to identify, catalogue, and analyze at least the chief among its many applications; to set forth the many and varied rationales that can be and have been offered in support of deference in different legal contexts; and thereby to provide a vocabulary and conceptual framework that can be employed in future projects, whether those projects are descriptive or prescriptive.
Download or read book A Dictionary of the English Language written by Noah Webster and published by . This book was released on 1831 with total page 552 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Europe s Passive Virtues written by JAN. ZGLINSKI and published by Oxford University Press, USA. This book was released on 2020-06-04 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European Court of Justice has been celebrated as a central force in the creation and deepening of the EU internal market. Yet, it has also been criticized for engaging in judicial activism, restricting national regulatory autonomy, and taking away the powers of Member State institutions. In recent years, the Court appears to afford greater deference to domestic actors in free movement cases. Europe's Passive Virtues explores the scope of and reasons for this phenomenon. It enquires into the decision-making latitude given to the Member States through two doctrines: the margin of appreciation and decentralized judicial review. At the heart of the book lies an original empirical study of the European Court's free movement jurisprudence from 1974 to 2013. The analysis examines how frequently and under which circumstances the Court defers to national authorities. The results suggest that free movement law has substantially changed over the past four decades. The Court is leaving a growing range of decisions in the hands of national law-makers and judges, a trend that affects the level of scrutiny applied to Member State action, the division of powers between the European and national judiciary, and ultimately the nature of the internal market. The book argues that these new-found 'passive virtues' are linked to a series of broader political, constitutional, and institutional developments that have taken place in the EU.
Download or read book Deference and Defiance in Monterrey written by Michael Snodgrass and published by Cambridge University Press. This book was released on 2003-06-02 with total page 234 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores how workers both perceived, responded to and helped shape the outcome of Mexico's revolution.
Download or read book A Theory of Deference in Administrative Law written by Paul Daly and published by Cambridge University Press. This book was released on 2012-06-28 with total page 323 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
