Effective Judicial Review: A Cornerstone of Good Governance

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.

Foreword ; Preface ; PART 1: INTRODUCTION ; 1. Introductory comments by the Editors ; PART 2: THE LEGITIMACY AND CONSTITUTIONAL FOUNDATIONS OF JUDICIAL REVIEW ; 2. Judicial Independence and Judicial Review in Constitutional Democracies: A Note on Hamilton and Tocqueville ; 3. Political Constitutionalism and Judicial Review ; 4. The Constitutionalization and Codifcation of Judicial Review in South Africa ; 5. Constitutions, Codes and Administrative Law: The Australian Experience ; PART 3: SCOPE & FUNCTIONS OF ADMINISTRATIVE JUSTICE ; 6. Judicial Review and Administrative Justice ; 7. Human Rights Obligations in the Private Sector: Reflections on YL v Birmingham City Council and the Meaning of "Public Function" ; 8. Judicial Review in the Age of Tribunals ; 9. Tribunal Justice - Judicial Review by Another Route ; 10. 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. An Independent Judiciary ; 12. Judicial Independence and Judicial Review of Government Action: Necessary Institutional Characteristics and Appropriate Scope of Judicial Review ; 13. The Unaccountability of Judges - Surely their Strength not their Weakness ; 14. 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. The Final Frontier: The Emergence of Material Error of Fact as a Ground of Judicial Review ; 16. Proportionality and Deference: The Importance of a Structured Approach ; 17. The Intensity of Judicial Review in the Commercial Context: Deference and Proportionality ; 18. Jurisdiction, Functionalism and Constitutionalism in Canadian Administrative Law ; 19. The Statutory Fiction of Judicial Review of Administrative Action in the United States ; 20. Judicial Review of Regulators ; PART 6: ADMINISTRATIVE LAW IN THE HKSAR AND CHINA ; 21. Remedies in Administrative Law ; 22. The Dawn of Due Process Principle in China ; 23. Necessity and the Remedies Conundrum ; 24. General Themes in the Consideration of Administrative Detentions ; 25. Judicial Review in the Hong Kong Special Administrative Region: Necessary Because of Bad Governance ; 26. The Functions of Judicial Review in Hong Kong ; PART 7: EPILOGUE ; 27. Themes from the Volume ; 28. Concluding Comments: Judicial Review's Constitutional Home