Scope and Intensity of Substantive Review

Hanna Wilberg is a Senior Lecturer at the University of Auckland Faculty of Law. Mark Elliott is a Reader in Public Law at the University of Cambridge.

• 1. Introduction Mark Elliott and Hanna WilbergPart A: Modern Extensions of Substantive Review2. Modern Extensions of Substantive Review: A Survey of Themes in Taggart’s Work and in the Wider Literature Mark Elliott and Hanna Wilberg3. Proportionality and Unreasonableness: Neither Merger nor Takeover Jeffrey Jowell4. From Bifurcation to Calibration: Twin-Track Deference and the Culture of JustificationMark Elliott5. Against Unification Jason NE Varuhas6. Substantive (Procedural) Review in Australia Matthew Groves and Greg Weeks7. A Rainbow of One Colour? Judicial Review on Substantive Grounds in South African Law Cora HoexterPart B: Deference on Questions of Law?8. Deference on Questions of Law: A Survey of Taggart’sContribution and Themes in the Wider Literature Hanna Wilberg and Mark Elliott9. Judicial Control of Administrative Interpretation in Australia and the United States Peter Cane10. Should We Have a Variable Error of Law Standard? Mark Aronson11. Deference on Relevance and Purpose? Wrestling with the Law/Discretion Divide Hanna Wilberg12. The Struggle for Deference in Canada Paul DalyPart C: Rights-Based Review13. Process and Outcome in Judicial Review of Public Authority Compatibility with Human Rights:A Comparative Perspective Claudia Geiringer14. Crown Powers, the Royal Prerogative and Fundamental Rights Philip Sales15. Respecting Deference as Respect: Rights, Reasonableness and Proportionality in Canadian Administrative Law Mark D Walters

[an] illuminating collection of essays