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Effective Judicial Review: A Cornerstone of Good Governance

Edited by: Christopher Forsyth, Mark Elliot, Swati Jhaveri, Anne Scully-Hill, Michael Ramsden

ISBN13: 9780199581054

Published: March 2010

Publisher: Oxford University Press

Country of Publication: USA

Format: Hardback

Price: £165.00

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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 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.

Subjects:: Judicial Review

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