Janina Boughey's Books

Human Rights and Judicial Review in Australia and Canada

The Newest Despotism?

By: Janina Boughey

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Human Rights and Judicial Review in Australia and Canada

The Newest Despotism?

By: Janina Boughey

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.

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Page Count

321

Publisher

Bloomsbury Publishing

Published Date

ISBN 10

1509907882

ISBN 13

9781509907885

Human Rights and Judicial Review in Australia and Canada

The Newest Despotism?

By: Janina Boughey

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Human Rights and Judicial Review in Australia and Canada

The Newest Despotism?

By: Janina Boughey

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Page Count

373

Publisher

Bloomsbury Publishing

Published Date

ISBN 10

1509907874

ISBN 13

9781509907878

Public Law and Statutory Interpretation

Principles and Practice

By: Lisa Burton Crawford,Janina Boughey,Melissa Castan,Maria O'Sullivan

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Public Law and Statutory Interpretation

Principles and Practice

By: Lisa Burton Crawford,Janina Boughey,Melissa Castan,Maria O'Sullivan

This book is the first of its kind to provide a clearly written and comprehensive overview of public law principles, together with the principles and process of statutory interpretation. The former inform the fundamental nature of the Australian legal system; the latter is vital knowledge in a legal system in which statute law is so pervasive. This approach is consistent with the contemporary case law of the Australian High Court, emphasising that the principles of statutory interpretation reflect the constitutional relationship between the legislative, executive and judicial branches of government.More particularly, the book provides:an overview of the origins and key stages in the development of the Australian legal system;an explanation of the concepts and ideals that form the foundation of Australian public law;an introduction to the institutions, structures and powers of, and relationships between, the three branches of the Australian government; andan explanation of how, in light of key public law principles, legislation is interpreted by Australia's courts.This book will be useful to scholars and practitioners seeking to understand the foundational principles of Australian public law, or statutory interpretation. The four authors, all experienced researchers and teachers in public law, designed it to be a complete resource for introductory public law units, before students move on to more advanced subjects such as Constitutional and Administrative Law.The book adopts an engaging and approachable style with expository and analytical text, combined with carefully edited extracts of key cases and straightforward commentary on both foundational and advanced issues. It also includes:several in-depth case studies, which provide an opportunity to engage with pressing public law issues in a practical context;discussion questions, reflective exercises and other activities, to demonstrate the contemporary significance of the issues explored in the text.

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Page Count

352

Published Date

ISBN 10

1760021520

ISBN 13

9781760021528

Book's by Janina Boughey

Human Rights and Judicial Review in Australia and Canada

Human Rights and Judicial Review in Australia and Canada

Human Rights and Judicial Review in Australia and Canada

Human Rights and Judicial Review in Australia and Canada

Public Law and Statutory Interpretation

Public Law and Statutory Interpretation

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