Effective Judicial Review

"The Hon. Mr Justice Andrew Li: Foreword The Rt. Hon. Lord Woolf of Barnes: Preface Part 1: Introduction 1: Christopher Forsyth, Mark Elliott, Swati Jhaveri, Michael Ramsden and Anne Scully Hill: Introductory comments by the Editors Part 2: The Legitimacy and Constitutional Foundations of Judicial Review 2: Professor Martin Loughlin: Judicial Independence and Judicial Review in Constitutional Democracies: A Note on Hamilton and Tocqueville 3: Professor Paul Craig: Political Constitutionalism and Judicial Review 4: Professor Cheryl Saunders: The Constitutionalization and Codifcation of Judicial Review in South Africa 5: Professor Cheryl Saunders: Constitutions, Codes and Administrative Law: The Australian Experience Part 3: Scope & Functions of Administrative Justice 6: Professor Carol Harlow: Judicial Review and Administrative Justice 7: Professor Paul Rishworth & Professor Janet McClean: Human Rights Obligations in the Private Sector: Reflections on YL v Birmingham City Council and the Meaning of ""Public Function"" 8: Professor Peter Cane: Judicial Review in the Age of Tribunals 9: Sir Robert Carnwath: Tribunal Justice - Judicial Review by Another Route 10: Professor Jeffrey Lubbers: 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: Mr. Justice Bokhary: An Independent Judiciary 12: Professor Shimon Shetreet: Judicial Independence and Judicial Review of Government Action: Necessary Institutional Characteristics and Appropriate Scope of Judicial Review 13: Lord Brown: The Unaccountability of Judges - Surely their Strength not their Weakness 14: Dr. Anthony Neoh SC JP: 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: Professor Christopher Forsyth & Dr Emma Dring: The Final Frontier: The Emergence of Material Error of Fact as a Ground of Judicial Review 16: Dr Mark Elliott: Proportionality and Deference: The Importance of a Structured Approach 17: Professor Jaime Arancibia: The Intensity of Judicial Review in the Commercial Context: Deference and Proportionality 18: Professor Mark Walters: Jurisdiction, Functionalism and Constitutionalism in Canadian Administrative Law 19: Professor Kevin Stack: The Statutory Fiction of Judicial Review of Administrative Action in the United States 20: Mr. Nigel Plemming QC: Judicial Review of Regulators Part 6: Administrative Law in the HKSAR and China 21: Mr Benedict Lai and Professor Johannes Chan: Remedies in Administrative Law 22: Professor He Haibo: The Dawn of Due Process Principle in China 23: Mr Richard Gordon, QC: Necessity and the Remedies Conundrum 24: Mr Justice Ma: General Themes in the Consideration of Administrative Detentions 25: Mr Mark Daly: Judicial Review in the Hong Kong Special Administrative Region: Necessary Because of Bad Governance 26: Mr. Philip Dykes SC: The Functions of Judicial Review in Hong Kong Part 7: Epilogue 27: Sir David Williams: Themes from the Volume 28: The Rt. Hon. Sir John Laws: Concluding Comments: Judicial Review's Constitutional Home"