Jaime Arancibia

in Judicial Review of Commercial Regulation

Published in print March 2011 | ISBN: 9780199609079
Published online May 2011 | e-ISBN: 9780191725289 | DOI:

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This chapter analyzes three broader and integrated themes which further illuminate the response to the question of the intensity of judicial review in the commercial context. The first thematic point which emerges relates to the existence of contextual factors which specifically support the adoption of a more intensive form of review in the field. Secondly, it is argued that it is necessary to appreciate that the proportionality supplies alternative means to deal with the problem of judicial intervention without seriously affecting the applicant's interest in seeking review and protection. The final point which emerges concerns the need to bear in mind that market regulation through technical rules is a relatively new phenomenon in the United Kingdom, and therefore, susceptible of being grasped gradually, but surely, by the judges.

Keywords: judicial review; commercial regulation; proportionality; strict scrutiny

Chapter.  2879 words. 

Subjects: Constitutional and Administrative Law

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