Legal Culture, Legality and the Determination of the Grounds of Judicial Review of Administrative Action in England and Australia

This book provides a navigating framework of legal culture and legality to understand the English and Australian determination of judicial review grounds. It argues that these differences are not random and are rooted in legal systems' legal culture, which dictates the way courts empower, justify, constrain, or limit the scope of judicial review. It uses comparative methodology to develop this framework between English and Australian law and presents evidence that courts differ in their approaches based on their deep understanding of legality.

Format: Paperback / softback
Length: 269 pages
Publication date: 03 July 2022
Publisher: Springer Verlag, Singapore

This comprehensive book offers a valuable navigating framework of legal culture and legality to enhance our understanding of the intricate processes involved in determining the grounds of judicial review in both English and Australian legal systems. By delving into the intricacies of jurisdictional error, jurisdictional fact, proportionality, and substantive legitimate expectations, this book provides a clear and insightful analysis of the differing approaches taken by these two legal jurisdictions.

It argues that these differences are not mere coincidence but rather result from the profound influence of legal systems' legal culture on the way in which courts exercise their power of judicial review. Legality, therefore, goes beyond a mere façade and becomes an integral part of legal systems, shaping the manner in which courts empower, justify, constrain, or limit the scope of judicial review.

To support its arguments, this book presents compelling evidence that courts in different legal systems exhibit diverse approaches to determining the scope of judicial review. By drawing upon comparative methodology, the book develops a comprehensive framework that compares and contrasts the legal cultures and approaches of English and Australian law. This framework offers a fresh and in-depth examination of the subject matter, providing a valuable contribution to the field of legal scholarship.

Moreover, this book's significance lies in its ability to present a kind of examination that has previously been overlooked or under-explored. By delving into the depths of legal culture and legality, this book offers a comprehensive and nuanced understanding of the factors that shape judicial review in different legal systems. It sheds light on the complex interplay between legal principles, judicial discretion, and societal values, providing valuable insights into the broader implications of judicial review in contemporary legal systems.

In conclusion, this book is a must-read for anyone interested in legal theory, comparative law, and the dynamics of judicial review. It provides a valuable resource for scholars, practitioners, and policymakers alike, offering a comprehensive and insightful perspective on the complex issues surrounding legal culture and legality.

Weight: 456g
Dimension: 235 x 155 (mm)
ISBN-13: 9789811612695
Edition number: 1st ed. 2021