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
Professor Christopher Forsyth is Professor of Public Law and
Private International Law, Faculty of Law, University of Cambridge.
Dr Mark Elliott is Senior Lecturer, Faculty of Law, University of
Cambridge. Professor Swati Jhaveri is Assistant Professor, Faculty
of Law, The Chinese University of Hong Kong. Professor Michael
Ramsden is Assistant Professor, Faculty of Law, The Chinese
University of Hong Kong.
Professor Anne Scully Hill is Associate Professor, Faculty of Law,
The Chinese University of Hong Kong.
The book does have golden nuggets of insight and analysis worthy of
the reader's attention.
*Timothy J. O'Neill, Law and Politics Book Review*
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