2020
DOI: 10.2139/ssrn.3615312
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Judicial Review Evidence in the Era of the Digital State

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Cited by 2 publications
(3 citation statements)
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“…29 That constitutes a challenge for administrative justice, as courts are not generally configured to be part of a policymaking process but to adjudicate disputes. 30 On the other hand, it is commonly held that 'the opportunity to be heard by an impartial adjudicator is central to legitimate democratic authority' 31 and judicial review is 'a key guardrail of legality' 32 . These arguments prompt me to consider the role of courts in policymaking, even though it doesn't fit entirely with their nature.…”
Section: Jurisdiction Over Automated Administrative Decision-makingmentioning
confidence: 99%
“…29 That constitutes a challenge for administrative justice, as courts are not generally configured to be part of a policymaking process but to adjudicate disputes. 30 On the other hand, it is commonly held that 'the opportunity to be heard by an impartial adjudicator is central to legitimate democratic authority' 31 and judicial review is 'a key guardrail of legality' 32 . These arguments prompt me to consider the role of courts in policymaking, even though it doesn't fit entirely with their nature.…”
Section: Jurisdiction Over Automated Administrative Decision-makingmentioning
confidence: 99%
“…A similar message emerges from a paper by Tomlinson, Katy Sheridan and Adam Harkens on the role of evidence in judicial review. 125 The authors argue that:…”
Section: Looking Across Boundaries For Inspiration and Lessonsmentioning
confidence: 99%
“…133 But, within the study of judicial review, some topics have been 'debated almost endlessly while other areas are relatively neglected'. 134 The articles discussed above flag statutory construction, 135 the role of different kinds of evidence 136 and the role(s) played by judicial review in different administrative contexts 137 as overlooked topics. There are undoubtedly many others.…”
Section: Looking Across Boundaries For Inspiration and Lessonsmentioning
confidence: 99%