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Judicial Review of Commercial Regulation

Jaime Arancibia

Abstract

English courts have traditionally held a policy of judicial restraint towards regulatory decisions in the commercial context. It is the purpose of this book to contribute to the debate on this issue by providing a critical view of the courts' deferential attitude and advocating a more intensive form of judicial review which is more satisfactory in terms of individual justice. This task is undertaken in three principal stages. First, the deferential approach of the courts is articulated. It is explained that this is particularly based on the regulator's expertise and institutional autonomy, and ... More

Keywords: judicial review, commercial context, regulatory policies, judicial control, proportionality, finance, utilities

Bibliographic Information

Print publication date: 2011 Print ISBN-13: 9780199609079
Published to Oxford Scholarship Online: May 2011 DOI:10.1093/acprof:oso/9780199609079.001.0001

Authors

Affiliations are at time of print publication.

Jaime Arancibia, author
Lecturer in Constitutional and Administrative Law and Vice-Rector for Academic Affairs, University of the Andes, Chile