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Author Boughey, Janina, author.

Title Human rights and judicial review in Australia and Canada : the newest despotism? / Janina Boughey.

Publication Info. Oxford [UK] ; Portland, Oregon : Hart Publishing, 2017.

Item Status

Description 1 online resource (xxxii, 288 pages).
text file
Series Hart studies in comparative public law ; volume 16
Hart studies in comparative public law ; v. 16.
Bibliography Includes bibliographical references and index.
Contents The framework for judicial review of administrative action in Australia -- The framework for judicial review of administrative action in Canada -- Procedural fairness -- Controlling discretion -- Intensity of review.
Summary It is commonly asserted that bills of rights have had a 'righting' effect on the principles of judicial review of administrative action and have been a key driver of the modern expansion in judicial oversight of the executive arm of government. A number of commentators have pointed to Australian administrative law as evidence for this 'righting' hypothesis. They have suggested that the fact that Australia is an outlier among common law jurisdictions in having neither a statutory nor a constitutional framework to expressly protect human rights explains why Australia alone continues to take an apparently 'formalist', 'legalist' and 'conservative' approach to administrative law. Other commentators and judges, including a number in Canada, have argued the opposite: that bills of rights have the effect of stifling the development of the common law. However, for the most part, all these claims remain just that - there has been limited detailed analysis of the issue, and no detailed comparative analysis of the veracity of the claims. This book analyses in detail the interaction between administrative and human rights law in Australia and Canada, arguing that both jurisdictions have reached remarkably similar positions regarding the balance between judicial and executive power, and between broader fundamental principles including the rule of law, parliamentary sovereignty and the separation of powers. It will provide valuable reading for all those researching judicial review and human rights.
Local Note eBooks on EBSCOhost EBSCO eBook Subscription Academic Collection - North America
Subject Judicial review of administrative acts -- Australia.
Judicial review of administrative acts.
Australia.
Administrative law -- Australia.
Administrative law.
Civil rights -- Australia.
Civil rights.
Judicial discretion -- Australia.
Judicial discretion.
Judicial review of administrative acts -- Canada.
Canada.
Civil rights -- Canada.
Judicial discretion -- Canada.
Human rights & civil liberties law.
International law.
Comparative law.
Constitutional & administrative law.
LAW -- Civil Procedure.
LAW -- Legal Services.
POLITICAL SCIENCE -- Government -- Judicial Branch.
Genre/Form Electronic books.
Other Form: Print version: Boughey, Janina. Human rights and judicial review in Australia and Canada. Oxford [UK] ; Portland, Oregon : Hart Publishing, 2017 9781509907861 (DLC) 2017002142
ISBN 9781509907885 (electronic book)
1509907882 (electronic book)
9781509907892
1509907890
1509907866
9781509907861
9781509907878
1509907874
9781509907861 (hardcover ; alkaline paper)