Inter-American System of Human Rights: An Analysis
The American Convention on Human Rights
Conflict Analysis from Human Rights Perspective
The Human Rights Impact of the World Trade Organisation
Role of the United Nations in the Promotion of Human Rights
Human Rights Law In International And National Context
Human Rights, Constitutional Law and the Development of the English Legal System
Islamic Law and International Human Rights Law
Enforcement Of Human Rights Through African RECs: Comparative Analysis
Human Rights Scenario in India - An Overview
Human Rights and Judicial Review in Australia and Canada: The Newest Despotism?
Disability Rights Protection under the African Human Rights System
A comparative Analyses of the Human Rights to Adequate Housing
The World Trade Organization and Human Rights
Poverty as an Abuse of Human Rights in Ghana
It is commonly asserted that bills of rights have had a ‘righting’ effect on the principles of judicial review of administrative action and have been a key driver of the modern expansion in judicial oversight of the executive arm of government. A number of commentators have pointed to Australian administrative law as evidence for this ‘righting’ hypothesis. They have suggested that the fact that Australia is an outlier among common law jurisdictions in having neither a statutory nor a constitutional framework to expressly protect human rights explains why Australia alone continues to take an apparently ‘formalist’, ‘legalist’ and ‘conservative’ approach to administrative law. Other commentators and judges, including a number in Canada, have argued the opposite: that bills of rights have the effect of stifling the development of the common law. However, for the most part, all these claims remain just that – there has been limited detailed analysis of the issue, and no detailed comparative analysis of the veracity of the claims. This book analyses in detail the interaction between administrative and human rights law in Australia and Canada, arguing that both jurisdictions have reached remarkably similar positions regarding the balance between judicial and executive power, and between broader fundamental principles including the rule of law, parliamentary sovereignty and the separation of powers. It will provide valuable reading for all those researching judicial review and human rights.