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

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. --back cover Copyright_page 2 Contents 6 Contributors 9 Foreword 14 Acknowledgments 16 Table of Cases 17 Table of Legislation 40 List of Abbreviations 54 part i introduction 56 1 What’s So Common about “Common Law” Approaches to Judicial Review? 58 part ii origins and adaptations of judicial review in england 80 2 English Administrative Law History: Perception and Reality 82 3 Modern Threats to English Administrative Law and Implications for Its Export 101 4 International Influences on English Judicial Review and Implications for the Exportability of English Law 115 part iii origins and adaptations in the british isles 134 5 The Influence of English Judicial Review on Scots Judicial Review 136 6 The Constitutionalisation of English Judicial Review in Ireland 153 part iv origins and adaptations in north america and canada 170 7 Divided by the Common Law 172 8 Divergence and Convergence in English and Canadian Administrative Law 193 part v origins and adaptations in the middle east and africa 212 9 English Administrative Law in the Holy Land 214 10 From Pale Reflection to Guiding Light 226 11 Judicial Review in Kenya 246 part vi origins and adaptations in asia 268 12 The Evolution of Administrative Law in Singapore 270 13 Indigenous Interactions 289 14 English Administrative Law in Post-Handover Hong Kong 310 15 Deconstitutionalising and Localising Administrative Law in India 328 16 Decolonizing Administrative Action 344 part vii origins and adaptations in australasia 362 17 The Creation of Australian Administrative Law 364 18 English Administrative Law in Aotearoa New Zealand 382 part viii conclusion: interrogating “common law” approaches to judicial review 402 19 What Is Left of ‘Common Law’ Administrative Law? Concluding Remarks and a Layout of Future Paths 404 Index 429 This book explores the origins of judicial review of administrative action in a wide selection of common law jurisdictions. It provides complex insights and considers the way in which these jurisdictions have received and adapted English common law to the needs of their own socio-political context. Explores the English origins of the principles of judicial review in common law jurisdictions and autochthonous pressures for their adaptation