Googling 'Dunsmuir's Standards of Review' in the Evolution of Law Surrounding Substantive Judicial Review in Canadian Administrative Law: A Paradigmatic Peep and Many Thoughts

2015 ◽  
Author(s):  
Rajiv Ranjan
Keyword(s):  
Judicial Review ◽  
Administrative Law

Judicial Review and Merits Review: Are the Boundaries Being Eroded?

2017 ◽  
Vol 45 (4) ◽  
pp. 627-652
Author(s):  
Robin Creyke
Keyword(s):  
Judicial Review ◽  
Administrative Law ◽  
Federal Level ◽  
Law System

Courts and tribunals have distinct roles within the Australian administrative law system at the federal level, and to a lesser extent, in the states and territories. Questions of law are for the courts, and questions of fact are for the executive and tribunals. From time to time this orthodoxy is questioned. Suggestions are made that the courts are increasingly tending to intrude into the province of tribunals. Using cases as illustrations, this article explores five relevant jurisdictional areas —from appeals on a question of law to deference under the Administrative Decisions (Judicial Review) Act 1977 (Cth) s 10(2)(b)(ii)—to test the accuracy of the suggestion.

Liberating Malawi's Administrative Justice Jurisprudence from Its Common Law Shackles

2011 ◽  
Vol 55 (1) ◽  
pp. 105-127 ◽  
Author(s):  
Danwood Mzikenge Chirwa
Keyword(s):  
Judicial Review ◽  
Common Law ◽  
Administrative Law ◽  
The Common ◽  
The Right ◽  
Administrative Justice

AbstractThe 1994 Malawian Constitution is unique in that it, among other things, recognizes administrative justice as a fundamental right and articulates the notion of constitutional supremacy. This right and the idea of constitutional supremacy have important implications for Malawi's administrative law, which was hitherto based on the common law inherited from Britain. This article highlights the difficulties that Malawian courts have faced in reconciling the right to administrative justice as protected under the new constitution with the common law. In doing so, it offers some insights into what the constitutionalization of administrative justice means for Malawian administrative law. It is argued that the constitution has altered the basis and grounds for judicial review so fundamentally that the Malawian legal system's marriage to the English common law can be regarded as having irretrievably broken down as far as administrative law is concerned.

scholarly journals Das Verwaltungsrecht der Vereinigten Staaten von Amerika

2021 ◽  
Author(s):  
Eberhard Schmidt-Aßmann
Keyword(s):  
Public Participation ◽  
Judicial Review ◽  
Early Stage ◽  
Administrative Law ◽  
Freedom Of Information ◽  
Administrative State ◽  
Systematic Analysis ◽  
Democratic Ideals

US administrative law forms a body of law that is considered to be particularly ‘political’. From an early stage on, US administrative law has endeavoured to provide instruments and procedures that foster and implement democratic ideals and concepts; consequently, US ‘freedom of information’ and the standards of public participation in the rulemaking process have often served as a model for foreign administrative law systems. Nevertheless, the agency actions have constantly been questioned and disputed. This book offers a systematic analysis of the constitutional foundations as well as the procedures, of liability and judicial review in administrative matters, and it examines the legitimacy of the American ‘administrative state’.

scholarly journals Chevron at 30: Looking Back and Looking Forward

2018 ◽  
Author(s):  
Peter M. Shane
Keyword(s):  
Natural Resources ◽  
Judicial Review ◽  
Administrative Law ◽  
Review Symposium ◽  
Theory And Practice ◽  
Administrative State ◽  
Regulatory State ◽  
Thirtieth Anniversary ◽  
Scholarly Discussion ◽  
Looking Back

This Foreword introduces a Fordham Law Review symposium held in March 2014 to mark the thirtieth anniversary of Chevron U.S.A. v. Natural Resources Defense Council. One of the most-cited administrative-law decisions of all time, Chevron has sparked thirty years of scholarly discussion concerning what Chevron deference means, when (or even if) it should apply, and what impact it has had on the administrative state. Part I of the Foreword discusses the symposium contributions that address Chevron’s scope and application, especially in light of City of Arlington v. FCC. Part II introduces the contributions that explore empirically and theoretically Chevron’s impact outside of the judicial-review context -- i.e., its effect on legislative- and administrative-drafting theory and practice, its influence within the regulatory state more generally, and its adoption (or lack thereof) in state administrative law. Part III turns to the intersection of Chevron and federalism. Part IV concludes by grappling with the contributors’ diverse views on whether Chevron is indeed a big deal and, if so, whether it is a good or bad deal for the modern administrative state.

Administrative Procedure and Judicial Review in France

2021 ◽  
pp. 50-52
Author(s):  
Delphine Costa
Keyword(s):  
Public Administration ◽  
Judicial Review ◽  
Administrative Law ◽  
Public Law ◽  
The Public ◽  
Administrative Procedure ◽  
Judicial Remedy ◽  
Individual Decisions ◽  
Laws And Regulations ◽  
Administrative Justice

This chapter describes administrative procedure and judicial review in France. In French public law, no constitutional provision provides for judicial review of administrative measures. Nor is there a convention providing for judicial review of administrative measures. This is only envisaged by the laws and regulations, in particular the Administrative Justice Code and the Code of Relations between the Public and the Administration. The administrative courts exercise extensive control over the acts or measures of the public administration, including both individual decisions and regulatory acts, but some are nonetheless beyond judicial review. Where an act or measure is contested on procedural grounds, judicial review takes place only under certain conditions: the procedural defect must have deprived the applicant of a guarantee or it must have influenced the meaning of the decision taken. Two types of judicial remedy exist in administrative law: it is therefore up to the applicant to limit their application before the administrative judge.

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