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1 results

  • 7 - Divided by the Common Law

  • from Part IV - Origins and Adaptations in North America and Canada
  • Edited by Swati Jhaveri, National University of Singapore, Michael Ramsden, The Chinese University of Hong Kong
  • Book:
    Judicial Review of Administrative Action Across the Common Law World
    Published online:
    19 March 2021
    Print publication:
    18 March 2021, pp 117-137

  • 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.