Oxford ; New York : Oxford University Press, 2010.
xlii, 452 pages ; 25 cm
Formatted Contents Note
Introductory essay by the editors Judicial independence and judicial review in constitutional democracies : a note on Hamilton and Tocqueville / Martin Loughlin Political constitutionalism and judicial review / Paul Craig The constitutionalization and codification of judicial review in South Africa / Cora Hoexter Constitutions, codes, and administrative law : the Australian experience / Cheryl Saunders Judicial review and administrative justice / Carol Harlow Human rights obligations in the private sector : reflections on YL v Birmingham city council and the meaning of public function / Paul Rishworth and Janet McClean Judicial review in the age of tribunals / Peter Cane Tribunal justice : judicial review by another route / Lord Justice Carnwath Should the primary locus of government adjudication be in the 163 agencies, the courts, or in a special tribunal comparisons between the US and the UK/Australia model / Jeffrey Lubbers An independent judiciary / Justice Bokhary.Judicial independence and judicial review of government action : necessary institutional characteristics and appropriate scope of the function of judicial review / Shimon Shetreet The unaccountability of judges : surely their strength not their weakness / Rt. Hon. Lord Brown of Eaton-Under-Heywood An impartial and uncorrupted civil service : Hong Kong's fight against corruption in the past 34 years / Anthony Neoh The final frontier : the emergence of material error of fact as a ground for judicial review / Christopher Forsyth and Emma Dring Proportionality and deference : the importance of a structured approach / Mark Elliott The intensity of judicial review in the commercial context : deference and proportionality / Jaime Arancibia Jurisdiction, functionalism, and constitutionalism in Canadian administrative law / Mark Walters The statutory fiction of judicial review of administrative action in the United States / Kevin Stack Judicial review of regulators / Nigel Plemming Remedies in administrative law / Benedict Lai and Johannes Chan.The dawn of the due process principle in China / He Haibo Necessity and the remedies conundrum / Richard Gordon General themes in the consideration of administrative detentions / Justice Ma Judicial review in the Hong Kong special administrative region : necessary because of bad governance / Mark Daly The functions of judicial review in Hong Kong / Philip Dykes Themes from the volume / Sir David Williams Concluding comments : judicial review's constitutional home / Sir John Laws.
Bibliography, etc. Note
Includes bibliographical references and index.
K3175 .E38 2010
9780199581054 cloth alkaline paper 0199581053 cloth alkaline paper