Effective Judicial Review: A Cornerstone of Good Governance
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...
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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 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.
Foreword, The Hon. Mr Justice Andrew LiPreface, The Rt. Hon. Lord Woolf of BarnesPart 1: Introduction 1. Introductory comments by the Editors, Christopher Forsyth, Mark Elliott, Swati Jhaveri, Michael Ramsden and Anne Scully HillPart 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 Loughlin3. Political Constitutionalism and Judicial Review, Professor Paul Craig4. The Constitutionalism and Codification of Judicial Review in South Africa, Professor Cora Hoexter5. Constitutions, Codes and Administrative Law: The Australian Experience, Professor Cheryl SaundersPart 3: Scope & Functions of Administrative Justice 6. The Multiple Functions of Judicial Review, Professor Carol Harlow7. Direct Application of Human Rights Obligations: Antipodean Reflections on the YL case and the Idea of Public Function, Professor Paul Rishworth & Professor Janet McClean8. Judicial Review in the Age of Tribunals, Professor Peter Cane9. Tribunal Justice - Judicial Review by Another Route, Sir Robert Carnwath10. How the Forms and Formality of Administrative Agency Action Affect the Structure and Scope of Judicial Review in US Federal Courts, Professor Jeffrey LubbersPart 4: Conditions for Effective Judicial Review 11. An Independent Judiciary, Mr. Justice Bokhary12. Judicial Independence and Judicial Review of Government Action: Necessary Institutional Characteristics and Appropriate Scope of Judicial Review, Professor Shimon Shetreet13. The Unaccountability of Judges - Surely their Strength not their Weakness, Lord Brown14. An Impartial and Uncorrupted Civil Service, Dr. Anthony Neoh SC JPPart 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 Dring16. Proportionality and Deference: The Importance of a Structured Approach, Dr Mark Elliott17. The Intensity of Judicial Review in the Commercial Context: Deference and Proportionality, Professor Jaime Arancibia18. Jurisdiction, Formalism and Constitutionalism in Canadian Administrative Law, Professor Mark Walters19. The Statutory Fiction of Judicial Review of Administrative Action in the United States, Professor Kevin Stack20. Judicial Review of Regulators, Mr. Nigel Plemming QCPart 6: Administrative Law in the HKSAR and China 21. Some Thoughts on Administrative Law Remedies, Mr Benedict Lai and Professor Johannes Chan22. The Dawn of Due Process Principle in China, Professor He Haibo23. Fair Procedures and their Relevance to the Fight against Corruption, Mr Richard Gordon, QC24. General Themes in the Consideration of Administrative Detention in the HKSAR, Mr Justice Ma25. Judicial Review in the Hong Kong Special Administrative Region: Necessary Because of Bad Governance, Mr Mark Daly26. The Functions of Judicial Review in Hong Kong, Mr. Philip Dykes SCPart 7: Epilogue 27. Themes from the Volume, Sir David Williams28. Concluding Comments: Judicial Review's Constitutional Home, The Rt. Hon. Sir John Laws
