Your Waterstones card is changing, introducing...
TELL ME MORE
Human Rights and Judicial Review in Australia and Canada: The Newest Despotism? - Hart Studies in Comparative Public Law (Hardback)
  • Human Rights and Judicial Review in Australia and Canada: The Newest Despotism? - Hart Studies in Comparative Public Law (Hardback)
zoom

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

(author)
£80.00
Hardback 320 Pages / Published: 15/06/2017
  • We can order this

Usually despatched within 1 week

  • This item has been added to your basket
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.

Publisher: Bloomsbury Publishing PLC
ISBN: 9781509907861
Number of pages: 320
Weight: 712 g
Dimensions: 244 x 169 mm

You may also be interested in...

Rather His Own Man 2018
Added to basket
The Ten Types of Human
Added to basket
£9.99   £7.99
Paperback
East West Street
Added to basket
£9.99
Paperback
The Case for Impeachment
Added to basket
The Wind in My Hair
Added to basket
Letters to a Law Student
Added to basket
In Your Defence
Added to basket
£16.99   £10.99
Hardback
Red Card
Added to basket
£16.99   £14.99
Hardback
The Daily Telegraph Tax Guide 2018
Added to basket
Eve Was Shamed
Added to basket
£20.00
Hardback
A Dictionary of Law
Added to basket
£12.99
Paperback
How to Change Your Mind
Added to basket
£20.00   £16.99
Hardback
The Secret Barrister
Added to basket
£16.99   £13.99
Hardback
Eichmann in Jerusalem
Added to basket

Reviews

Please sign in to write a review

Your review has been submitted successfully.