Judicial Review of Administrative Action Across the Common Law World: Origins and Adaptation

ISBN-13: 9781108481571 / Angielski / Twarda / 2021 / 450 str.

Swati Jhaveri (National University of Singapore);Michael Ramsden (The Chinese University of Hong Kong)

Opis

Research on comparative administrative law, in contrast to comparative constitutional law, remains largely underdeveloped. This book plugs that gap. It considers how a wide range of common law systems have received and adapted English common law to the needs of their own socio-political context. Readers will be given complex insights into a wide range of common law systems of administrative law, which they may not otherwise have access to given how difficult it would be to research all of the systems covered in the volume single-handedly. The book covers Scotland, Ireland, the USA, Canada, Israel, South Africa, Kenya, Malaysia, Singapore, Hong Kong SAR, India, Bangladesh, Australia and New Zealand. Comparative public lawyers will have a much greater range of common law models of administrative law - either to pursue conversations about their own common law system or to sophisticate their comparison of their system (civil law or otherwise) with common law systems.

Spis treści

Part I. Introduction: 1. What's so common about 'common law' approaches to judicial review? Swati Jhaveri; Part II. Origins and Adaptations of Judicial Review in England: 2. English administrative law history: perception and reality Paul Craig; 3. Modern threats to English administrative law and implications for its export Christopher Forsyth; 4. International influences on English judicial review and implications for the exportability of English law Michael Ramsden; Part III. Origins and Adaptations in the British Isles: 5. The influence of English judicial review on scots judicial review: a tale of resemblance and distinctiveness Stephen Thomson; 6. The constitutionalisation of English judicial review in Ireland: continuity and change Paul Daly; Part IV. Origins and Adaptations in North America and Canada: 7. Divided by the common law: controlling administrative power in England and the United States Peter Cane; 8. Divergence and convergence in English and Canadian administrative law Paul Daly; Part V. Origins and Adaptations in the Middle East and Africa: 9. English administrative law in the holy land: tradition and independence Justice Daphne Barak-Erez; 10. From pale reflection to guiding light: the indigenisation of judicial review in South Africa Cora Hoexter; 11. Judicial review in Kenya: the ambivalent legacy of English law Migai Akech; Part VI. Origins and Adaptations in Asia: 12. The evolution of judicial review in Singapore: from adoption to autochthonous adaptation Swati Jhaveri; 13. Indigenous interactions: administrative law and Syariah law in Malaysia Dian A. H. Shah and Kevin Y. L. Tan; 14. English administrative law in post-handover Hong Kong Michael Ramsden; 15. Deconstitutionalising and localising administrative law in India Farrah Ahmed and Swati Jhaveri; 16. Decolonizing administrative action: judicial review and the travails of the Bangladesh Supreme Court Cynthia Farid; Part VII. Origins and Adaptations in Australasia: 17. The creation of Australian administrative law: the constitution and its judicial gate-keepers Matthew Groves and Greg Weeks; 18. English administrative law in Aotearoa New Zealand Hanna Wilberg and Kris Gledhill; Part VIII. Conclusion: Interrogating 'common law' approaches to judicial review; 19. What is left of 'common law' administrative law? Concluding remarks and a layout of future paths Margit Cohn; Index.