Reputation, Power and Fairness: A Review of the Impact of Judicial Review upon Investigative Tribunals

1996 ◽  
Vol 24 (2) ◽  
pp. 235-282 ◽  
Author(s):  
Margaret Allars
Keyword(s):  
Judicial Review ◽  
The Impact

Grasping at Straws: Judicial Review of Legislation in Sri Lanka

ICL Journal ◽  
2020 ◽  
Vol 13 (3) ◽  
pp. 281-306
Author(s):  
Danushka S Medawatte
Keyword(s):  
Sri Lanka ◽  
Transitional Justice ◽  
Judicial Review ◽  
Descriptive Analysis ◽  
Executive Power ◽  
Sri Lankan ◽  
Legal Literature ◽  
Justice Process ◽  
Provincial Councils ◽  
The Impact

AbstractIn this paper, I attempt to examine the evolution of judicial review of legislation in Sri Lanka with a view to better understanding how it has impacted the democratic fabric and constitutional matrix of Sri Lanka. The impact that judicial review of legislation has had on rights jurisprudence, enhancement of democracy, prevention of persecution against selected groups are analysed in this paper in relation to the Ceylon Constitutional Order in Council of 1946 (‘Soulbury’ Constitution) and the two autochthonous constitutions of Sri Lanka of 1972 and 1978. The first part of the paper comprises of a descriptive analysis of judicial review of legislation under the three Constitutions. This is expected to perform a gap filling function in respect of the lacuna that exists in Sri Lankan legal literature in relation to the assessment of the trends pertaining to judicial review of legislation in Sri Lanka. In the second part of the paper, I have analysed decided cases of Sri Lanka to explore how the judiciary has responded to legislative and executive power, and has given up or maintained judicial independence. In this respect, I have also attempted to explore whether the judiciary has unduly engaged in restraint thereby impeding its own independence. The third part of the paper evaluates the differences in technique and stance the judiciary has adopted when reviewing draft enactments of the national legislature and when reviewing draft or enacted statutes of Provincial Councils. From a comparative constitutional perspective, this assessment is expected to provide the background that is essential in understanding the island nation’s current constitutional discourse, transitional justice process, and its approach to human rights.

The Impact of the Human Rights Act on Advocacy

2013 ◽  
Author(s):  
Rabinder Singh
Keyword(s):  
Human Rights ◽  
International Law ◽  
Judicial Review ◽  
Third Party ◽  
Human Rights Act ◽  
The Impact

This chapter reflects on the impact of the Human Rights Act (HRA) in its first 10 years on litigation and, in particular, on advocacy. It suggests that the impact has been important but not revolutionary: the HRA has fitted into the existing legal landscape and has not required radical changes to the rules on procedure and evidence. It examines four areas in which its impact can be felt: the nature of the evidence required in human rights cases; disclosure and candour in judicial review proceedings; the increased need for cross-examination of witnesses; and the role of third-party interveners because human rights cases tend to raise issues of importance to the wider public. Finally, it examines the increasing importance of international law in domestic cases, which can be attributed in part to the impact of the HRA.

Proceduralism and Automation

2020 ◽  
pp. 275-298 ◽  
Author(s):  
Carol Harlow ◽  
Richard Rawlings
Keyword(s):  
Artificial Intelligence ◽  
Public Administration ◽  
Judicial Review ◽  
Due Process ◽  
Case Law ◽  
Administrative Law ◽  
Paradigm Change ◽  
Technological Revolution ◽  
Administrative Procedure ◽  
The Impact

In this chapter, we argue that administrative procedure has become a central organising concept for administrative law. Our first theme is the steady proceduralisation of public administration experienced in recent years, in the framework of a relationship between courts and administration which we present as a two-way, non-hierarchical process. We look first at internal drivers to proceduralisation emanating from administration, notably the managerial reforms of the 1980s and the rise of regulation as a standard governance technique. We then turn to the contemporary case law of judicial review, focussing on the judicial response to, and stimulus for, administrative proceduralism. Our second theme is the idea of procedures as a repository for values and of values as an important, though often subliminal, driver of administrative procedure. We look at the potential for exchange as well as dissonance between public administration and administrative law. Our third theme concerns challenges to administrative law from the technological revolution currently under way. The impact of automation on public administration was at first rather modest; today, however, technology is taking great leaps forward—from computerisation to artificial intelligence and beyond. The innovations have so far been welcomed as beneficial—faster and more consistent administration, swifter and less costly courts and tribunals. It is time to recognise that we are facing a paradigm change, in which key values and procedures of administrative law, such as transparency, accountability, individuation, and due process, will need to be supported and sustained.

14. The Effectiveness and Impact of Judicial Review

Public Law ◽  
2017 ◽  
Author(s):  
Mark Elliott ◽  
Robert Thomas
Keyword(s):  
Judicial Review ◽  
Legal Aid ◽  
Legal Advice ◽  
Administrative Action ◽  
Review Procedure ◽  
Legal Costs ◽  
The Impact

This chapter examines the effectiveness and impact of judicial review in terms of the accessibility of judicial review, the competence and capacity of the courts to review administrative action, and the impact of judicial review on government. Access to judicial review is constrained in various ways. Legal costs, restrictions on legal aid, uneven access to legal advice and services, the variable operation by the court of the permission to proceed requirement, and delays within the court can limit the accessibility and effectiveness of the judicial review procedure.

12. Grounds for judicial review: irrationality, proportionality, merits-based judicial review, and the Human Rights Act 1998

2017 ◽  
Author(s):  
Colin Faragher
Keyword(s):  
Human Rights ◽  
Judicial Review ◽  
Case Law ◽  
Essential Information ◽  
House Of Lords ◽  
Relevant Case ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
Principle Of Proportionality ◽  
The Impact

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses the grounds for judicial review. These include irrationality—meaning unreasonableness—which is now linked to the principle of proportionality. In addition, the relevant case law and key principles concerning distinction between procedural and merits based judicial review are fully explained. The impact of the Human Rights Act 1998 on judicial review is assessed generally. The emergence and development of the ‘outcomes is all’ approach to judicial review where breach of convention rights is alleged is explored by examining a number of significant House of Lords cases.

scholarly journals Judicial Review as a Response to Political Posturing

2011 ◽  
Vol 105 (2) ◽  
pp. 397-414 ◽  
Author(s):  
JUSTIN FOX ◽  
MATTHEW C. STEPHENSON
Keyword(s):  
Judicial Review ◽  
Policy Choice ◽  
Electoral Process ◽  
Agency Model ◽  
Government Action ◽  
Elected Leaders ◽  
The Impact

We use an agency model to analyze the impact of judicial review on the incentives of elected leaders to “posture” by enacting bold but ill-advised policies. We find that judicial review may exacerbate posturing by rescuing leaders from the consequences of unwise policies, but may also discourage posturing by alerting voters to unjustified government action. We further find that judges will defer to the decision of elected leaders unless posturing is sufficiently likely. We then show how judicial review affects voter welfare, both through its effect on policy choice and through its effect on the efficacy of the electoral process in selecting leaders. We also analyze how the desirability of judicial review is affected by characteristics of the leaders and the judges.

Judge and lawgiver in Anglo-American history

2003 ◽  
Vol 11 (3) ◽  
pp. 325-339
Author(s):  
R. C. VAN CAENEGEM
Keyword(s):  
Judicial Review ◽  
Common Law ◽  
Case Law ◽  
The United States ◽  
European Convention ◽  
Stare Decisis ◽  
The People ◽  
British System ◽  
Anglo American ◽  
The Impact

Politicians are not expected to interfere with the judiciary. Parliament passes laws and the courts interpret and apply them. On the Continent, judicial freedom is restricted by codification, which was avoided in England where greater judicial flexibility survived. In the United States the Restatement of the Law was a move in the direction of codification. Also in that country, judicial review of the constitutionality of the laws gave the judges the power to declare statutes passed by the representatives of the people unconstitutional. No such power exists in England, but the courts have other means of reducing the impact of Acts of Parliament, such as the exclusionary rule and the convention that the lawgiver does not intend to change the common law, which is judge-made case law, governed by the doctrine of precedent. Those traditional elements of the English common law were recently eroded by modernizing trends: the rule of exclusion was given up in favour of the search for the intention of the lawgiver, and the force of stare decisis was reduced. The recent incorporation of the European Convention on Human Rights into British law has introduced a form of judicial review of the laws into the British system.

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