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Effective Judicial Review
A Cornerstone of Good Governance
Edited by Christopher Forsyth, Mark Elliott, Swati Jhaveri, Michael Ramsden, and Anne Scully Hill
496 pages
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234x156mm
978-0-19-958105-4
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Hardback
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25 March 2010
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- Offers a comprehensive overview of the transformations to the modern law of judicial review across the common law world
- Includes contributions from over 30 of the leading figures in public law from academia and legal practice
- Includes comparative analyses of recurring problems in judicial review together with case studies of law reform in the major common law jurisdictions
- Features a section on administrative justice in China, a country so far under-explored in the public law literature
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.Readership: Academics working on constitutional and administrative law. Practitioners working in the area of judicial review.
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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.
Contributors:
Professor Jaime Arancibia, Professor of Constitutional and Administrative Law at Universidad de los Andes (Chile)
Mr. Justice Bokhary, Permanent Judge of the HKSAR
The Rt. Hon. Lord Brown of Eaton-under-Heywood, Lord of Appeal in Ordinary, UK House of Lords
Professor Peter Cane, Professor of Law at The Australian National University
Sir Robert Carnwath, Lord Justice of Appeal, Court of Appeal of England and Wales
Professor Johannes Chan, SC, Barrister-at-law, Professor and Dean, Faculty of Law, University of Hong Kong
Professor Paul Craig, Professor of English Law at St John's College,
University of Oxford
Mr Mark Daly, Partner, Barnes & Daly, Hong Kong SAR
Dr Emma Dring, Lincoln's Inn
Mr. Philip Dykes, QC, SC, Barrister, Chambers of Denis Chang SC, HKSAR
Dr Mark Elliott, Senior Lecturer in Law at the University of Cambridge
Professor Christopher Forsyth, Professor of Public and Private International Law of University of Cambridge
Mr. Richard Gordon QC, Barrister, Brick Court Chambers, London, and Honorary Visiting Professor at the Chinese University of Hong Kong Faculty of Law
Professor Carol Harlow, Professor Emeritus at the London School of Economics & Political Science
Professor Cora Hoexter, Professor of Law at University of the Witwatersrand, Johannesburg
Mr. Benedict Lai, Law Officer (Civil Law) of the Department of Justice of the HKSAR
The Rt. Hon. Sir John Laws, Judge of the Court of Appeal, HKSAR
The Hon. Mr Justice Andrew Li, Chief Justice of the HKSAR
Professor Martin Loughlin, Professor of Public Law at the London School of Economics & Political Science
Professor J.S. Lubbers, Faculty Fellow in Law and Government at American University's Washington College of Law
The Hon. Mr. Justice Ma, Chief Judge of the High Court, HKSAR
Professor Janet McLean, Professor of Law and Governance, University of Dundee
Dr. Anthony Neoh SC, JP, Barrister of the HKSAR
Mr. Nigel Pleming QC , Barrister, 39 Essex Street, London
Professor Paul
Rishworth, Professor and Dean of the Faculty of Law at the University of Auckland
Professor Cheryl Saunders, Laureate professor at the University of Melbourne
Professor Shimon Shetreet, Greenblatt Professor of Public and International Law, Hebrew University of Jerusalem
Professor Kevin Stack, Professor of Law at Vanderbilt University School of Law
Professor Mark Walters, Professor and Associate Dean (Graduate Studies and Research) in the Faculty of Law at Queen's University
Professor Sir David Williams QC, Emeritus Vice-Chancellor and Emeritus Professor of the University of Cambridge
The Rt. Hon. Lord Woolf of Barnes, Non-Permanent Judge of the HKSAR and Former Lord Chief Justice of England and Wales
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"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
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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
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The specification in this catalogue, including without limitation price, format, extent, number of illustrations, and month of publication, was as accurate as possible at the time the catalogue was compiled. Occasionally, due to the nature of some contractual restrictions, we are unable to ship a specific product to a particular territory. Jacket images are provisional and liable to change before publication.
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