Human rights and judicial review in Australia and Canada : the newest despotism?

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.

Record details

ISBN: 9781509907878
ISBN: 9781509907861
ISBN: 1509907874
ISBN: 9781509907892
ISBN: 9781509907885
ISBN: 9781509907861
ISBN: 1509907890
ISBN: 1509907882
ISBN: 1509907866
Physical Description: 1 online resource (xxxii, 288 pages)
remote
Computer data.
Publisher: Oxford [UK] ; Portland, Oregon : Hart Publishing, 2017.

Content descriptions

General Note:	CatMonthString:october.21 Multi-User.
Bibliography, etc. Note:	Includes bibliographical references and index.
Formatted Contents Note:	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.
Type of Computer File or Data Note:	Text (HTML), electronic book.
System Details Note:	Mode of access: Internet.
Terms Governing Use and Reproduction Note:	Access requires VIU IP addresses and is restricted to VIU students, faculty and staff. Access restricted by subscription.
Issuing Body Note:	Made available online by EBSCO.
Source of Description Note:	Online resource; title from digital title page (viewed on May 17, 2017).