Abstract: This chapter focuses on two canonical approaches to reviewing administrative choices: reasonableness and proportionality. Both are addressed squarely to the merits of the agency’s choice, but the two are sometimes supposed to occupy opposite ends of the judicial scrutiny spectrum, with reasonableness being understood as a deferential standard, and proportionality as an intensive form of scrutiny. The chapter first surveys reasonableness review, focusing on the traditional <italic>Wednesbury</italic> approach and how it has responded to the challenges that have beset it. Next, the chapter addresses proportionality review. It then examines an American approach to controlling discretion in order to motivate the comparison between reasonableness and proportionality.
Publication Year: 2020
Publication Date: 2020-12-15
Language: en
Type: reference-entry
Indexed In: ['crossref']
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