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7 - Divided by the Common Law

Controlling Administrative Power in England and the United States

from Part IV - Origins and Adaptations in North America and Canada

Published online by Cambridge University Press:  19 March 2021

Swati Jhaveri
Affiliation:
National University of Singapore
Michael Ramsden
Affiliation:
The Chinese University of Hong Kong
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Summary

This chapter treats the decisions in The Quartet of cases not as individual contributions to judicial-review doctrine but rather as a sign of significantly increasing judicial activism in public law. The decade of The Quartet - the 1960s - was one of rapid de-colonialisation in the British Empire. Through a consideration of the development of judicial control of the executive in various countries that emerged into post-colonialism in the course of the twentieth century - notably Pakistan, Myanmar, Hong Kong, Malaysia, Singapore, Malawi, Tanzania, Uganda, Kenya and South Africa - the chapter seeks to illuminate, in a very preliminary way, the public-law legacy of British colonialism, and the ongoing states of relations between the judiciary and the executive in common-law jurisdictions of the ‘Global South’. Finally, the chapter draws out from the jurisdictional analysis a number of common themes and issues such as the role of the Privy Council and of written constitutions.

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Publisher: Cambridge University Press
Print publication year: 2021

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