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Human Rights and Judicial Review in Australia and Canada: The Newest Despotism? (Hart Studies in Comparative Public Law) by Janina Boughey, Justice Pamela Tate is a nonfiction available to read on EtoBox.

What is Human Rights and Judicial Review in Australia and Canada: The Newest Despotism? (Hart Studies in Comparative Public Law) about?

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

Who reads Human Rights and Judicial Review in Australia and Canada: The Newest Despotism? (Hart Studies in Comparative Public Law)?

Author

Janina Boughey, Justice Pamela Tate

Publisher

Hart Publishing Ltd Hart Publishing

Published

2017

Language

EN

ISBN

9781509907892

Category

nonfiction

Subjects

Law, Political Science