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
- 2 English Administrative Law History: Perception and Reality
- 3 Modern Threats to English Administrative Law and Implications for Its Export
- 4 International Influences on English Judicial Review and Implications for the Exportability of English Law
- Part III Origins and Adaptations in the British Isles
- Part IV Origins and Adaptations in North America and Canada
- 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
4 - International Influences on English Judicial Review and Implications for the Exportability of English Law
from Part II - Origins and Adaptations of Judicial Review in England
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
- 2 English Administrative Law History: Perception and Reality
- 3 Modern Threats to English Administrative Law and Implications for Its Export
- 4 International Influences on English Judicial Review and Implications for the Exportability of English Law
- Part III Origins and Adaptations in the British Isles
- Part IV Origins and Adaptations in North America and Canada
- 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
A central theme in this volume is that any analysis on the differences between common law jurisdictions on judicial review principles, and the extent to which ‘importing’ jurisdictions have departed from their English roots, is attributed to multiple pressures occurring within an indigenous legal order. But alongside these indigenous considerations there has been increasing recognition that international factors are also coming to bear on the scope and application of domestic judicial review principles. Using English judicial review as its critical lens, this chapter considers the impact that sources of international law have had in the domestic courts. It then broadens the enquiry to a comparative analysis of dualism in judicial review in other common law jurisdictions. This analysis reveals that, in some cases, other jurisdictions have departed from the strictures of the dualist principle as conceived in the English courts so as to give greater recognition to international law within its system of administrative law. It finishes by arguing that the English courts can benefit from ‘importing’ more progressive approaches to unincorporated norms but that the indigenous turn in rights discourse may lead to an English assertion of normative autonomy from attempts at securing progressive convergence on the dualist question.
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- Judicial Review of Administrative Action Across the Common Law WorldOrigins and Adaptation, pp. 60 - 78Publisher: Cambridge University PressPrint publication year: 2021