Effective Judicial Review

Professor Christopher Forsyth is Professor of Public Law and Private International Law, Faculty of Law, University of Cambridge. Dr Mark Elliott is Senior Lecturer, Faculty of Law, University of Cambridge. Professor Swati Jhaveri is Assistant Professor, Faculty of Law, The Chinese University of Hong Kong. Professor Michael Ramsden is Assistant Professor, Faculty of Law, The Chinese University of Hong Kong. Professor Anne Scully Hill is Associate Professor, Faculty of Law, The Chinese University of Hong Kong.

Foreword ; Preface ; PART 1: INTRODUCTION ; 1. Introductory comments by the Editors ; PART 2: THE LEGITIMACY AND CONSTITUTIONAL FOUNDATIONS OF JUDICIAL REVIEW ; 2. Judicial Independence and Judicial Review in Constitutional Democracies: A Note on Hamilton and Tocqueville ; 3. Political Constitutionalism and Judicial Review ; 4. The Constitutionalization and Codifcation of Judicial Review in South Africa ; 5. Constitutions, Codes and Administrative Law: The Australian Experience ; PART 3: SCOPE & FUNCTIONS OF ADMINISTRATIVE JUSTICE ; 6. Judicial Review and Administrative Justice ; 7. Human Rights Obligations in the Private Sector: Reflections on YL v Birmingham City Council and the Meaning of "Public Function" ; 8. Judicial Review in the Age of Tribunals ; 9. Tribunal Justice - Judicial Review by Another Route ; 10. Should the Primary Locus of Government Adjudication be in the Agencies, the Courts, or in a Special Tribunal? Comparisons Between the US and the UK/Australia Models ; PART 4: CONDITIONS FOR EFFECTIVE JUDICIAL REVIEW ; 11. An Independent Judiciary ; 12. Judicial Independence and Judicial Review of Government Action: Necessary Institutional Characteristics and Appropriate Scope of Judicial Review ; 13. The Unaccountability of Judges - Surely their Strength not their Weakness ; 14. An Impartial and Uncorrupted Civil Service: Hong Kong's Fight Against Corruption in the Past 34 Years Corruption in the Past 34 Years ; PART 5: GROUNDS OF JUDICIAL REVIEW ; 15. The Final Frontier: The Emergence of Material Error of Fact as a Ground of Judicial Review ; 16. Proportionality and Deference: The Importance of a Structured Approach ; 17. The Intensity of Judicial Review in the Commercial Context: Deference and Proportionality ; 18. Jurisdiction, Functionalism and Constitutionalism in Canadian Administrative Law ; 19. The Statutory Fiction of Judicial Review of Administrative Action in the United States ; 20. Judicial Review of Regulators ; PART 6: ADMINISTRATIVE LAW IN THE HKSAR AND CHINA ; 21. Remedies in Administrative Law ; 22. The Dawn of Due Process Principle in China ; 23. Necessity and the Remedies Conundrum ; 24. General Themes in the Consideration of Administrative Detentions ; 25. Judicial Review in the Hong Kong Special Administrative Region: Necessary Because of Bad Governance ; 26. The Functions of Judicial Review in Hong Kong ; PART 7: EPILOGUE ; 27. Themes from the Volume ; 28. Concluding Comments: Judicial Review's Constitutional Home