Comparing Administrative Justice Across the Commonwealth

Product Details:
Author(s):
Corder, H and
Van de Vijver, L
Year Published:
2007
Edition
1st Edition
Type:
Print | Soft Cover
Language:
English
About this publication
Comparing Administrative Justice across the Commonwealth examines a range of themes relevant to administrative justice. It begins by considering it in a constitutional context, and then proceeds to compare fundamental concepts of administrative law as they have developed in different Commonwealth countries. This is followed by studies of specific countries and a discussion of practical steps that have been taken to enhance the quality of administrative justice. Contributors include eminent lawyers from many Commonwealth jurisdictions. This book provides a unique multifaceted insight into the development of administrative justice and the jurisprudential as well as practical questions to be considered in promoting it.
Content
The constitutional context
– The democratic necessity of administrative justice
– To defer and when? Administrative law and constitutional democracy
– Deference: Is it useful outside Canada?
– The rule of law and judicial review: Re-reading dicey
Comparative studies
– Engaging unreasonableness and proportionality as standards of review in England, India and Sri-Lanka
– The law of bureaucratic negligence in South Africa: A comparative commonwealth perspective
– The impact of apartheid on commonwealth administrative law
– The theory of the second actor revisited
Country studies
– A sliding scale of reasonableness on commonwealth administrative law
– Administrative justice: Beyond the courtroom door
– The tribunalisation of justice in India
– ‘Administrative action’ in the courts
– What difference does the Promotion of Administrative Justice Act make to administrative law?
– Procedure and remedies in judicial review: A Malaysian perspective
– Three waves of administrative justice in South Africa
Practical steps
– Some reflections on administrative justice in Malawi
– The role of the commonwealth and commonwealth associations in strengthening administrative law and justice
– Apples, oranges and comparative administrative law
Interest / Benefit to
Judges and magistrates
Academics
Administrative law specialists
Lawyers
Anyone interested in administrative and comparative law