Book contents
- Judicial Review of Administrative Action across the Common Law World
- Judicial Review of Administrative Action across the Common Law World
- Copyright page
- Contents
- Contributors
- Foreword
- Acknowledgments
- Table of Cases
- Table of Legislation
- Abbreviations
- Part I Introduction
- Part II Origins and Adaptations of Judicial Review in England
- Part III Origins and Adaptations in the British Isles
- Part IV Origins and Adaptations in North America and Canada
- 7 Divided by the Common Law
- 8 Divergence and Convergence in English and Canadian Administrative Law
- Part V Origins and Adaptations in the Middle East and Africa
- Part VI Origins and Adaptations in Asia
- Part VII Origins and Adaptations in Australasia
- Part VIII Conclusion: Interrogating “Common Law” Approaches to Judicial Review
- Index
7 - Divided by the Common Law
Controlling Administrative Power in England and the United States
from Part IV - Origins and Adaptations in North America and Canada
Published online by Cambridge University Press: 19 March 2021
- Judicial Review of Administrative Action across the Common Law World
- Judicial Review of Administrative Action across the Common Law World
- Copyright page
- Contents
- Contributors
- Foreword
- Acknowledgments
- Table of Cases
- Table of Legislation
- Abbreviations
- Part I Introduction
- Part II Origins and Adaptations of Judicial Review in England
- Part III Origins and Adaptations in the British Isles
- Part IV Origins and Adaptations in North America and Canada
- 7 Divided by the Common Law
- 8 Divergence and Convergence in English and Canadian Administrative Law
- Part V Origins and Adaptations in the Middle East and Africa
- Part VI Origins and Adaptations in Asia
- Part VII Origins and Adaptations in Australasia
- Part VIII Conclusion: Interrogating “Common Law” Approaches to Judicial Review
- Index
Summary
This chapter treats the decisions in The Quartet of cases not as individual contributions to judicial-review doctrine but rather as a sign of significantly increasing judicial activism in public law. The decade of The Quartet - the 1960s - was one of rapid de-colonialisation in the British Empire. Through a consideration of the development of judicial control of the executive in various countries that emerged into post-colonialism in the course of the twentieth century - notably Pakistan, Myanmar, Hong Kong, Malaysia, Singapore, Malawi, Tanzania, Uganda, Kenya and South Africa - the chapter seeks to illuminate, in a very preliminary way, the public-law legacy of British colonialism, and the ongoing states of relations between the judiciary and the executive in common-law jurisdictions of the ‘Global South’. Finally, the chapter draws out from the jurisdictional analysis a number of common themes and issues such as the role of the Privy Council and of written constitutions.
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- Judicial Review of Administrative Action Across the Common Law WorldOrigins and Adaptation, pp. 117 - 137Publisher: Cambridge University PressPrint publication year: 2021