Chapter

The rule of law and the rule of judges

Timothy Endicott

in Administrative Law

Fourth edition

Published on behalf of © Timothy Endicott 2018

Published in print May 2018 | ISBN: 9780198804734
Published online September 2018 | e-ISBN: 9780191843167 | DOI: https://dx.doi.org/10.1093/he/9780198804734.003.0002
The rule of law and the rule of judges

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At common law, the judges will hold administrative conduct to be unlawful on any of three grounds: error of law, lack of due process, or the improper exercise of discretionary power. This chapter discusses how (and to what extent) the three grounds of judicial review are supported by constitutional principle. Each ground must be controlled by the principle of comity. The principle of comity requires judges to defer to administrative authorities on some issues, to some extent; the chapter explains the limits of deference, and the difference—and the connections—between the rule of law and the rule of judges.

Keywords: judicial review; due process; constitutional principles; administrative law; comity

Chapter.  14696 words. 

Subjects: Constitutional and Administrative Law

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