Chapter

Judicial Review of Commercial Regulation

Jaime Arancibia

in Judicial Review of Commercial Regulation

Published in print March 2011 | ISBN: 9780199609079
Published online May 2011 | e-ISBN: 9780191725289 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199609079.003.0001
Judicial Review of Commercial Regulation

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This chapter provides a summary of the contents of the book. It explains that the purpose of the book is to contribute to the debate on commercial judicial review by advocating a more intensive form of judicial review. It advances that only by adopting a close supervision over decisions which alter or determine the operation of markets is it possible 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. The chapter also explains that the reading of the book is loosely arranged in accordance with the structure of a legal disputation. This means that the presentation of arguments will be structured according to the headings that mark the arguments for and against the orthodox approach, which are followed by the reasons for preferring a stricter scrutiny.

Keywords: commercial judicial review; close supervision; fairness; reasonableness

Chapter.  7735 words. 

Subjects: Constitutional and Administrative Law

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