Judicial Review of Administrative Action Across the Common Law World Origins and Adaptation

Research on comparative administrative law, in contrast to comparative constitutional law, remains largely underdeveloped. This book plugs that gap. It considers how a wide range of common law systems have received and adapted English common law to the needs of their own socio-political context. Readers will be given complex insights into a wide range of common law systems of administrative law, which they may not otherwise have access to given how difficult it would be to research all of the systems covered in the volume single-handedly. The book covers Scotland, Ireland, the USA, Canada, Israel, South Africa, Kenya, Malaysia, Singapore, Hong Kong SAR, India, Bangladesh, Australia and New Zealand. Comparative public lawyers will have a much greater range of common law models of administrative law - either to pursue conversations about their own common law system or to sophisticate their comparison of their system (civil law or otherwise) with common law systems.

Part I. Introduction: 1. What's so common about 'common law' approaches to judicial review? Swati Jhaveri; Part II. Origins and Adaptations of Judicial Review in England: 2. English administrative law history: perception and reality Paul Craig; 3. Modern threats to English administrative law and implications for its export Christopher Forsyth; 4. International influences on English judicial review and implications for the exportability of English law Michael Ramsden; Part III. Origins and Adaptations in the British Isles: 5. The influence of English judicial review on scots judicial review: a tale of resemblance and distinctiveness Stephen Thomson; 6. The constitutionalisation of English judicial review in Ireland: continuity and change Paul Daly; Part IV. Origins and Adaptations in North America and Canada: 7. Divided by the common law: controlling administrative power in England and the United States Peter Cane; 8. Divergence and convergence in English and Canadian administrative law Paul Daly; Part V. Origins and Adaptations in the Middle East and Africa: 9. English administrative law in the holy land: tradition and independence Justice Daphne Barak-Erez; 10. From pale reflection to guiding light: the indigenisation of judicial review in South Africa Cora Hoexter; 11. Judicial review in Kenya: the ambivalent legacy of English law Migai Akech; Part VI. Origins and Adaptations in Asia: 12. The evolution of judicial review in Singapore: from adoption to autochthonous adaptation Swati Jhaveri; 13. Indigenous interactions: administrative law and Syariah law in Malaysia Dian A. H. Shah and Kevin Y. L. Tan; 14. English administrative law in post-handover Hong Kong Michael Ramsden; 15. Deconstitutionalising and localising administrative law in India Farrah Ahmed and Swati Jhaveri; 16. Decolonizing administrative action: judicial review and the travails of the Bangladesh Supreme Court Cynthia Farid; Part VII. Origins and Adaptations in Australasia: 17. The creation of Australian administrative law: the constitution and its judicial gate-keepers Matthew Groves and Greg Weeks; 18. English administrative law in Aotearoa New Zealand Hanna Wilberg and Kris Gledhill; Part VIII. Conclusion: Interrogating 'common law' approaches to judicial review; 19. What is left of 'common law' administrative law? Concluding remarks and a layout of future paths Margit Cohn; Index.

Swati Jhaveri is an Assistant Professor at the Faculty of Law of the National University of Singapore (NUS). She teaches Constitutional and Administrative Law and the Law of Torts. At NUS she has been awarded the Faculty and University's Annual Teaching Excellence Awards for three consecutive years and was placed on the University Honour Roll for Teaching Excellence in 2018. She has published in these areas in Public Law, the Tort Law Review, Singapore Journal of Legal Studies, Asian Journal of Comparative Law, Federal Law Review and the International Journal of Constitutional Law. She is a Solicitor of the High Court of the Hong Kong SAR and England and Wales, and is a Member of the Chartered Institute of Arbitrators.
Michael Ramsden is an Associate Professor in the Faculty of Law at the Chinese University of Hong Kong, where he was previously Assistant Dean for Research and Executive Director of the Centre for Rights and Justice. He has published extensively in the fields of comparative public law and international institutional law in journals including the International and Comparative Law Quarterly, International Journal of Constitutional Law, Human Rights Law Review, Public Law, Journal of International Criminal Justice and the Civil Justice Quarterly. He was educated at Berkeley, Cambridge and King's College London. Professor Ramsden is also a Barrister of Lincoln's Inn and a Door Tenant at 25 Bedford Row, London.