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Comparing administrative justice across the commonwealth (Paperback)1st Edition

Comparing administrative justice across the commonwealth (Paperback)1st Edition

  • R 1,036.00


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

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