Effective Judicial Review: A Cornerstone of Good Governance

Overview

The use and scope of judicial review of government action has transformed across the common law world over the last forty years. This volume takes stock of the transformation, bringing together over 30 leading figures from academia and practice to analyze the major issues surrounding the legal reforms from theoretical and comparative perspectives.

Coverage in the book spans the theoretical foundations of judicial review; the scope and functions of administrative justice; the ...

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Overview

The use and scope of judicial review of government action has transformed across the common law world over the last forty years. This volume takes stock of the transformation, bringing together over 30 leading figures from academia and practice to analyze the major issues surrounding the legal reforms from theoretical and comparative perspectives.

Coverage in the book spans the theoretical foundations of judicial review; the scope and functions of administrative justice; the conditions of judicial independence; recurring problems in legal doctrine; and issues in legal procedure. A final set of essays presents case studies of the experiences of reforming judicial review in different countries, including an extended section on judicial review in China.

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Product Details

  • ISBN-13: 9780199581054
  • Publisher: Oxford University Press, USA
  • Publication date: 5/13/2010
  • Pages: 800
  • Product dimensions: 6.40 (w) x 9.30 (h) x 1.50 (d)

Meet the Author

Professor Christopher Forsyth is Professor of Public Law and Private International Law, Faculty of Law, University of Cambridge.

Dr. Mark Elliott is Senior Lecturer, Faculty of Law, University of Cambridge.

Professor Swati Jhaveri is Assistant Professor, Faculty of Law, The Chinese University of Hong Kong.

Professor Michael Ramsden is Assistant Professor, Faculty of Law, The Chinese University of Hong Kong.

Professor Anne Scully Hill is Associate Professor, Faculty of Law, The Chinese University of Hong Kong.

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Table of Contents

Foreword, The Hon. Mr Justice Andrew Li
Preface, The Rt. Hon. Lord Woolf of Barnes
Part 1: Introduction
1. Introductory comments by the Editors, Christopher Forsyth, Mark Elliott, Swati Jhaveri, Michael Ramsden and Anne Scully Hill
Part 2: The Legitimacy and Constitutional Foundations of Judicial Review
2. Judicial Independence and Judicial Review in Constitutional Democracies: A Note on Hamilton and Tocqueville, Professor Martin Loughlin
3. Political Constitutionalism and Judicial Review, Professor Paul Craig
4. The Constitutionalism and Codification of Judicial Review in South Africa, Professor Cora Hoexter
5. Constitutions, Codes and Administrative Law: The Australian Experience, Professor Cheryl Saunders
Part 3: Scope & Functions of Administrative Justice
6. The Multiple Functions of Judicial Review, Professor Carol Harlow
7. Direct Application of Human Rights Obligations: Antipodean Reflections on the YL case and the Idea of Public Function, Professor Paul Rishworth & Professor Janet McClean
8. Judicial Review in the Age of Tribunals, Professor Peter Cane
9. Tribunal Justice - Judicial Review by Another Route, Sir Robert Carnwath
10. How the Forms and Formality of Administrative Agency Action Affect the Structure and Scope of Judicial Review in US Federal Courts, Professor Jeffrey Lubbers
Part 4: Conditions for Effective Judicial Review
11. An Independent Judiciary, Mr. Justice Bokhary
12. Judicial Independence and Judicial Review of Government Action: Necessary Institutional Characteristics and Appropriate Scope of Judicial Review, Professor Shimon Shetreet
13. The Unaccountability of Judges - Surely their Strength not their Weakness, Lord Brown
14. An Impartial and Uncorrupted Civil Service, Dr. Anthony Neoh SC JP
Part 5: Grounds of Judicial Review
15. The Final Frontier: The Emergency of Material Error of Fact as a Ground of Judicial Review, Professor Christopher Forsyth & Dr Emma Dring
16. Proportionality and Deference: The Importance of a Structured Approach, Dr Mark Elliott
17. The Intensity of Judicial Review in the Commercial Context: Deference and Proportionality, Professor Jaime Arancibia
18. Jurisdiction, Formalism and Constitutionalism in Canadian Administrative Law, Professor Mark Walters
19. The Statutory Fiction of Judicial Review of Administrative Action in the United States, Professor Kevin Stack
20. Judicial Review of Regulators, Mr. Nigel Plemming QC
Part 6: Administrative Law in the HKSAR and China
21. Some Thoughts on Administrative Law Remedies, Mr Benedict Lai and Professor Johannes Chan
22. The Dawn of Due Process Principle in China, Professor He Haibo
23. Fair Procedures and their Relevance to the Fight against Corruption, Mr Richard Gordon, QC
24. General Themes in the Consideration of Administrative Detention in the HKSAR, Mr Justice Ma
25. Judicial Review in the Hong Kong Special Administrative Region: Necessary Because of Bad Governance, Mr Mark Daly
26. The Functions of Judicial Review in Hong Kong, Mr. Philip Dykes SC
Part 7: Epilogue
27. Themes from the Volume, Sir David Williams
28. Concluding Comments: Judicial Review's Constitutional Home, The Rt. Hon. Sir John Laws

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