Human Rights and Judicial Review in Australia and Canada

Janina Boughey is a Lecturer in Public Law at Monash University.

• 1. Introduction I. The ‘Righting’ of Administrative Law? II. This Book’s Contribution III. A Note on Methodology IV. The Scope of this Book V. The Structure of this Book Part I: Constitutional and Statutory Frameworks2. The Framework for Judicial Review of Administrative Action in Australia I. Australia’s Constitution II. The Constitutional Status of Judicial Review III. Statutory Judicial Review Frameworks IV. Australia’s Human Rights Framework V. Conclusions 3. The Framework for Judicial Review of Administrative Action in Canada I. Canada’s Constitution II. The Constitutional Status of Judicial Review III. Privative Clauses and the Standard of Review IV. Statutory Judicial Review Frameworks V. Canada’s Human Rights Framework VI. Conclusions Part II: The Effects of Canada’s Rights Framework on Judicial Review4. Procedural Fairness I. Overview of Rights to Fairness II. The Scope of the Common Law Duty to Afford Procedural Fairness III. The Content of Fairness IV. The Rationales for Fairness V. Litigants’ Use of Fairness VI. Entrenchment of Procedural Fairness VII. Conclusions 5. Controlling Discretion I. A Brief History of Judicial Attitudes Towards Discretion II. Controlling Discretion in Australia III. Controlling Discretion in Canada IV. Human Rights Controls on Discretion V. Conclusions 6. Intensity of Review I. Intensity Under the Classic Model II. Intensity of Review in Australia III. Intensity of Review in Canada IV. Conclusions 7. Conclusions

The text is aimed at graduate students and scholars interested in comparative studies of judicial review, human rights, and public law. As such, it would be a valuable acquisition for law libraries and scholarly collections on judicial review.