Human Rights and Judicial Review in Australia and Canada

Janina Boughey is a Lecturer in Public Law at Monash University.

1. Introduction
I. The ‘Righting’ of Administrative Law?
II. This Book’s Contribution
III. A Note on Methodology
IV. The Scope of this Book
V. The Structure of this Book

Part I: Constitutional and Statutory Frameworks
2. The Framework for Judicial Review of Administrative Action in Australia
I. Australia’s Constitution
II. The Constitutional Status of Judicial Review
III. Statutory Judicial Review Frameworks
IV. Australia’s Human Rights Framework
V. Conclusions
3. The Framework for Judicial Review of Administrative Action in Canada
I. Canada’s Constitution
II. The Constitutional Status of Judicial Review
III. Privative Clauses and the Standard of Review
IV. Statutory Judicial Review Frameworks
V. Canada’s Human Rights Framework
VI. Conclusions

Part II: The Effects of Canada’s Rights Framework on Judicial Review
4. Procedural Fairness
I. Overview of Rights to Fairness
II. The Scope of the Common Law Duty to Afford Procedural Fairness
III. The Content of Fairness
IV. The Rationales for Fairness
V. Litigants’ Use of Fairness
VI. Entrenchment of Procedural Fairness
VII. Conclusions
5. Controlling Discretion
I. A Brief History of Judicial Attitudes Towards Discretion
II. Controlling Discretion in Australia
III. Controlling Discretion in Canada
IV. Human Rights Controls on Discretion
V. Conclusions
6. Intensity of Review
I. Intensity Under the Classic Model
II. Intensity of Review in Australia
III. Intensity of Review in Canada
IV. Conclusions
7. Conclusions