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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: £142.50

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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.

Judicial 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 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