Readership: Academics working on constitutional and administrative law. Practitioners working in the area of judicial review.
Edited by Christopher Forsyth, Professor of Public Law and Private International Law, Faculty of Law, University of Cambridge, Mark Elliott, Senior Lecturer, Faculty of Law, University of Cambridge, Swati Jhaveri, Assistant Professor, Faculty of Law, The Chinese University of Hong Kong, Michael Ramsden, Assistant Professor, Faculty of Law, The Chinese University of Hong Kong, and Anne Scully Hill, Associate Professor, Faculty of Law, The Chinese University of Hong Kong
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.
"The book does have golden nuggets of insight and analysis worthy of the reader's attention." - Timothy J. O'Neill, Law and Politics Book Review
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 Cheryl Saunders: The Constitutionalization and Codifcation 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: Judicial Review and Administrative Justice
7: Professor Paul Rishworth & Professor Janet McClean: Human Rights Obligations in the Private Sector: Reflections on YL v Birmingham City Council and the Meaning 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: Should the Primary Locus of Government Adjudication be in the Agencies, the Courts, or in a Special Tribunal? Comparisons Between the US and the UK/Australia Models
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: Hong Kong's Fight Against Corruption in the Past 34 Years Corruption in the Past 34 Years
Part 5: Grounds of Judicial Review
15: Professor Christopher Forsyth & Dr Emma Dring: The Final Frontier: The Emergence 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, Functionalism 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: Remedies in Administrative Law
22: Professor He Haibo: The Dawn of Due Process Principle in China
23: Mr Richard Gordon, QC: Necessity and the Remedies Conundrum
24: Mr Justice Ma: General Themes in the Consideration of Administrative Detentions
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