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Books > Law > Laws of other jurisdictions & general law > Constitutional & administrative law > Citizenship & nationality law
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Human Rights and Judicial Review in Australia and Canada - The Newest Despotism? (Hardcover)
Loot Price: R4,253
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Human Rights and Judicial Review in Australia and Canada - The Newest Despotism? (Hardcover)
Series: Hart Studies in Comparative Public Law
Expected to ship within 10 - 15 working days
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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.
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