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38482 results in Cambridge Textbooks

Page 1128 of 1925

  • 20 - Remedies in Judicial Review

  • from Part IV - Judicial Remedies, Non-Judicial Remedies and Subsidiary Legislation
  • Stephen Thomson, City University of Hong Kong
  • Book:
    Administrative Law in Hong Kong
    Published online:
    12 December 2018
    Print publication:
    11 October 2018, pp 275-303

  • Summary

    This chapter gives a detailed discussion of the remedies that are available on an application for judicial review.It discusses the main procedural rules on remedies, before introducing the remedies of certiorari, prohibition, mandamus, declaration (including suspension of a declaration and orders of temporary validity), injunction (including interim injunction), and damages, restitution and recovery of a sum due.It discusses the discretionary nature of remedies, including their relationship with statutory appeals mechanisms, prematurity of application, delay, waiver, acquiescence, the undeserving applicant, futility, no prejudice and inevitability.The chapter concludes with a discussion of judicial review proceedings continued as though begun by writ.

  • 3 - The Constitutional Foundation of Judicial Review in Hong Kong

  • from Part I - The Constitutional and Administrative Context
  • Stephen Thomson, City University of Hong Kong
  • Book:
    Administrative Law in Hong Kong
    Published online:
    12 December 2018
    Print publication:
    11 October 2018, pp 24-34

  • Summary

    This chapter considers the constitutional foundation of judicial review in Hong Kong.It begins with an overview of the constitutional foundation of judicial review under UK sovereignty, before turning to its foundation under PRC sovereignty.The PRC Constitution and the Basic Law are considered as potential constitutional foundations of review, along with a consideration of judicial review in the context of ‘one country, two systems’.The relationship between judicial review and both the common law and the rule of law is then explored, along with a brief consideration of whether and to what extent legislative supremacy might offer a potential constitutional foundation in Hong Kong.The chapter concludes with an overview of constitutional review, its relationship with administrative review, and human rights.

  • 13 - Relevance of Considerations

  • from Part III - The Grounds of Judicial Review
  • Stephen Thomson, City University of Hong Kong
  • Book:
    Administrative Law in Hong Kong
    Published online:
    12 December 2018
    Print publication:
    11 October 2018, pp 154-162

  • Summary

    This chapter considers the taking into account of irrelevant considerations, and the failure to take into account relevant considerations, as grounds of judicial review.This includes a discussion of the intensity of review if a relevant consideration is taken into account.

  • 14 - Insufficient Retention of Discretion

  • from Part III - The Grounds of Judicial Review
  • Stephen Thomson, City University of Hong Kong
  • Book:
    Administrative Law in Hong Kong
    Published online:
    12 December 2018
    Print publication:
    11 October 2018, pp 163-174

  • Summary

    This chapter considers two grounds of judicial review which constitute insufficient retention of discretion, namely unlawful delegation, and divestiture and relinquishment.The discussion of unlawful delegation begins by introducing the Carltona principle and a consideration of the extent to which the principle is constitutionally apposite in Hong Kong.Factors such as the status of the delegator and the delegate, the nature of the delegated power and the relationship between agency and delegation, are also considered.The chapter then discusses divestiture and relinquishment of discretion.

Page 1128 of 1925