Vavilov, Reasonableness Review and Logic
In: "Vavilov, Reasonableness Review and Logic" (2022) 35 Canadian Journal of Administrative Law & Practice 287
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In: "Vavilov, Reasonableness Review and Logic" (2022) 35 Canadian Journal of Administrative Law & Practice 287
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In: Alberta Law Review, Forthcoming
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In: A Theory of Deference in Administrative Law: Basis, Application and Scope (Cambridge University Press, Cambridge, 2012)
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In: (2015) 52(3) Alberta Law Review 799
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In: Federal Law Review 46(1) (May 2018)
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In: https://dspace.library.uu.nl/handle/1874/409690
In many cases, the ECtHR is clearly asked to examine an individual decision, such as an administrative or court decision, but many other applications concern the reasonableness of interferences caused by national legislation. At present, there appears to be considerable confusion and controversy with the Court's judges as to whether its review in the second category of cases should be concrete (focussing on the individual case only), abstract (focussing on the legislative system as a whole), or both (or a hybrid). This article presents a systematic and qualitative analysis of the Court's case law to find out which approaches it takes to the reasonableness review of legislation in which types of cases. Based on the results of the analysis it further endeavours to answer the question of which approach would best fit the Court's double role of delivering both individual and general justice.
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Blog: Reason.com
The new law is probably the least objectionable part of the right-wing government's attack on judicial review in Israel.
In: DePaul Law Review, Volume 66
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In: Federal Sentencing Reporter, Volume 18, Issue 3
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In: European Convention on Human Rights Law Review 1 (2020) 218-247
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