Effective Judicial Review: A Cornerstone of Good Governance

Hardcover | April 15, 2010

EditorChristopher Forsyth, Mark Elliott, Swati Jhaveri

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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 analyse the major issues surrounding thelegal 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 experiencesof reforming judicial review in different countries, including an extended section on judicial review in China.

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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 analyse the major issues surrounding thelegal reforms from theoretical and comparative p...

Professor Christopher Forsyth is Professor of Public Law and Private International Law in the Faculty of Law at the University of Cambridge. Dr Mark Elliott is Senior Lecturer in the Faculty of Law at the University of Cambridge. Professor Swati Jhaveri is Assistant Professor in the Faculty of Law at The Chinese University of Hong Kon...

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Paperback|Aug 31 2014

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Format:HardcoverDimensions:472 pagesPublished:April 15, 2010Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199581053

ISBN - 13:9780199581054

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Table of Contents

The Hon. Mr Justice Andrew Li: ForewordThe Rt. Hon. Lord Woolf of Barnes: PrefacePart 1: Introduction1. Christopher Forsyth, Mark Elliott, Swati Jhaveri, Michael Ramsden and Anne Scully Hill: Introductory comments by the EditorsPart 2: The Legitimacy and Constitutional Foundations of Judicial Review2. Professor Martin Loughlin: Judicial Independence and Judicial Review in Constitutional Democracies: A Note on Hamilton and Tocqueville3. Professor Paul Craig: Political Constitutionalism and Judicial Review4. Professor Cora Hoexter: The Constitutionalism and Codification of Judicial Review in South Africa5. Professor Cheryl Saunders: Constitutions, Codes and Administrative Law: The Australian ExperiencePart 3: Scope and Functions of Administrative Justice6. Professor Carol Harlow: The Multiple Functions of Judicial Review7. Professor Paul Rishworth and Professor Janet McClean: Direct Application of Human Rights Obligations: Antipodean Reflections on the YL case and the Idea of Public Function8. Professor Peter Cane: Judicial Review in the Age of Tribunals9. Sir Robert Carnwath: Tribunal Justice - Judicial Review by Another Route10. Professor Jeffrey Lubbers: How the Forms and Formality of Administrative Agency Action Affect the Structure and Scope of Judicial Review in US Federal CourtsPart 4: Conditions for Effective Judicial Review11. Mr. Justice Bokhary: An Independent Judiciary12. Professor Shimon Shetreet: Judicial Independence and Judicial Review of Government Action: Necessary Institutional Characteristics and Appropriate Scope of Judicial Review13. Lord Brown: The Unaccountability of Judges - Surely their Strength not their Weakness14. Dr. Anthony Neoh SC JP: An Impartial and Uncorrupted Civil ServicePart 5: Grounds of Judicial Review15. Professor Christopher Forsyth and Dr Emma Dring: The Final Frontier: The Emergency of Material Error of Fact as a Ground of Judicial Review16. Dr Mark Elliott: Proportionality and Deference: The Importance of a Structured Approach17. Professor Jaime Arancibia: The Intensity of Judicial Review in the Commercial Context: Deference and Proportionality18. Professor Mark Walters: Jurisdiction, Formalism and Constitutionalism in Canadian Administrative Law19. Professor Kevin Stack: The Statutory Fiction of Judicial Review of Administrative Action in the United States20. Mr. Nigel Plemming QC: Judicial Review of RegulatorsPart 6: Administrative Law in the HKSAR and China21. Mr Benedict Lai and Professor Johannes Chan: Some Thoughts on Administrative Law Remedies22. Professor He Haibo: The Dawn of Due Process Principle in China23. Mr Richard Gordon, QC: Fair Procedures and their Relevance to the Fight against Corruption24. Mr Justice Ma: General Themes in the Consideration of Administrative Detention in the HKSAR25. Mr Mark Daly: Judicial Review in the Hong Kong Special Administrative Region: Necessary Because of Bad Governance26. Mr. Philip Dykes SC: The Functions of Judicial Review in Hong KongPart 7: Epilogue27. Sir David Williams: Themes from the Volume28. The Rt. Hon. Sir John Laws: Concluding Comments: Judicial Review's Constitutional Home