Human Rights and Judicial Review in Australia and Canada: The Newest Despotism?

Author:   Dr Janina Boughey
Publisher:   Bloomsbury Publishing PLC
ISBN:  

9781509933105


Pages:   320
Publication Date:   31 October 2019
Format:   Paperback
Availability:   Manufactured on demand   Availability explained
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Human Rights and Judicial Review in Australia and Canada: The Newest Despotism?


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Author:   Dr Janina Boughey
Publisher:   Bloomsbury Publishing PLC
Imprint:   Hart Publishing
Weight:   0.517kg
ISBN:  

9781509933105


ISBN 10:   1509933107
Pages:   320
Publication Date:   31 October 2019
Audience:   College/higher education ,  Professional and scholarly ,  Tertiary & Higher Education ,  Professional & Vocational
Format:   Paperback
Publisher's Status:   Active
Availability:   Manufactured on demand   Availability explained
We will order this item for you from a manufactured on demand supplier.

Table of Contents

1. Introduction I. The `Righting' of Administrative Law? II. This Book's Contribution III. A Note on Methodology IV. The Scope of this Book V. The Structure of this Book Part I: Constitutional and Statutory Frameworks 2. The Framework for Judicial Review of Administrative Action in Australia I. Australia's Constitution II. The Constitutional Status of Judicial Review III. Statutory Judicial Review Frameworks IV. Australia's Human Rights Framework V. Conclusions 3. The Framework for Judicial Review of Administrative Action in Canada I. Canada's Constitution II. The Constitutional Status of Judicial Review III. Privative Clauses and the Standard of Review IV. Statutory Judicial Review Frameworks V. Canada's Human Rights Framework VI. Conclusions Part II: The Effects of Canada's Rights Framework on Judicial Review 4. Procedural Fairness I. Overview of Rights to Fairness II. The Scope of the Common Law Duty to Afford Procedural Fairness III. The Content of Fairness IV. The Rationales for Fairness V. Litigants' Use of Fairness VI. Entrenchment of Procedural Fairness VII. Conclusions 5. Controlling Discretion I. A Brief History of Judicial Attitudes Towards Discretion II. Controlling Discretion in Australia III. Controlling Discretion in Canada IV. Human Rights Controls on Discretion V. Conclusions 6. Intensity of Review I. Intensity Under the Classic Model II. Intensity of Review in Australia III. Intensity of Review in Canada IV. Conclusions 7. Conclusions

Reviews

The text is aimed at graduate students and scholars interested in comparative studies of judicial review, human rights, and public law. As such, it would be a valuable acquisition for law libraries and scholarly collections on judicial review. -- Silvia Dimitrova and Francisca Sotelo * Canadian Law Library Review *


Author Information

Janina Boughey is a Lecturer in Public Law at Monash University.

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