03946nam 22006851 450 991081669860332120200514202323.01-5099-0789-01-5099-0788-21-5099-0787-410.5040/9781509907892(CKB)3710000001185013(MiAaPQ)EBC4850964(OCoLC)969973768(UtOrBLW)bpp09260782(MiAaPQ)EBC6164938(EXLCZ)99371000000118501320170613d2017 uy 0engurcnu||||||||rdacontentrdamediardacarrierHuman rights and judicial review in Australia and Canada the newest despotism? /Janina BougheyOxford [UK] ;Portland, Oregon :Hart Publishing,2017.1 online resource (288 pages)Hart studies in comparative public law ;v. 16Includes index.1-5099-3310-7 1-5099-0786-6 Includes bibliographical references and index.The framework for judicial review of administrative action in Australia -- The framework for judicial review of administrative action in Canada -- Procedural fairness -- Controlling discretion -- Intensity of review.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 rightsHart studies in comparative public law ;Volume 16.Administrative lawAustraliaAdministrative lawAustraliaCivil rightsAustraliaCivil rightsCanadaJudicial discretionAustraliaJudicial discretionCanadaJudicial review of administrative actsAustraliaJudicial review of administrative actsCanadaConstitutional & administrative lawAdministrative lawAdministrative lawCivil rightsCivil rightsJudicial discretionJudicial discretionJudicial review of administrative actsJudicial review of administrative acts347.71/012Boughey Janina1632405UtOrBLWUtOrBLWUkLoBPBOOK9910816698603321Human rights and judicial review in Australia and Canada3971511UNINA