The Scope and Intensity of Substantive Review

1. Introduction Mark Elliott and Hanna Wilberg Part A: Modern Extensions of Substantive Review 2. Modern Extensions of Substantive Review: A Survey of Themes in Taggart’s Work and in the Wider Literature Mark Elliott and Hanna Wilberg 3. Proportionality and Unreasonableness: Neither Merger nor Takeover Jeffrey Jowell 4. From Bifurcation to Calibration: Twin-Track Deference and the Culture of Justification Mark Elliott 5. Against Unification Jason NE Varuhas 6. Substantive (Procedural) Review in Australia Matthew Groves and Greg Weeks 7. A Rainbow of One Colour? Judicial Review on Substantive Grounds in South African Law Cora Hoexter Part B: Deference on Questions of Law? 8. Deference on Questions of Law: A Survey of Taggart’s Contribution and Themes in the Wider Literature Hanna Wilberg and Mark Elliott 9. Judicial Control of Administrative Interpretation in Australia and the United States Peter Cane 10. Should We Have a Variable Error of Law Standard? Mark Aronson 11. Deference on Relevance and Purpose? Wrestling with the Law/Discretion Divide Hanna Wilberg 12. The Struggle for Deference in Canada Paul Daly Part C: Rights-Based Review 13. Process and Outcome in Judicial Review of Public Authority Compatibility with Human Rights: A Comparative Perspective Claudia Geiringer 14. Crown Powers, the Royal Prerogative and Fundamental Rights Philip Sales 15. Respecting Deference as Respect: Rights, Reasonableness and Proportionality in Canadian Administrative Law Mark D Walters