Routledge The Judge and the Proportionate Use of Discretion

Explore the complexities of administrative law with this comparative study from Routledge Research in EU Law. This book provides a detailed examination of how different legal systems handle the review of discretionary powers used by public bodies. It looks specifically at how judges perform meaningful reviews to ensure that the use of power remains proportionate. Readers will gain insight into the varying depths of the proportionality test across France, Germany, the Netherlands, and the United Kingdom. The text explains how this principle has grown in importance through the influence of the European Court of Justice and the European Court of Human Rights. Additionally, the study covers the application of different judicial review standards in the United States regarding arbitrary and capricious actions. This book is an essential resource for those studying the evolution of legal standards and the role of the judiciary in modern administrative law.