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38482 results in Cambridge Textbooks

Page 1130 of 1925

  • 8 - Statutory Exclusion of Review, Non-Justiciability and Variable Intensity of Review

  • from Part II - 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 87-108

  • Summary

    This chapter begins with a detailed discussion of statutory exclusion of review, in particular by means of the statutory ouster clause.This is followed by considering statutory limitation of review, including both the time-limited ouster and the partial ouster.Non-justiciability is considered as a bar to judicial review proceedings.The chapter concludes with a discussion of the variable intensity of review, in particular deference seen in such contexts as the Chief Executive’s power to pardon criminal offenders or commute their penalties, and prosecutorial discretion.

  • 12 - Improper Purposes, Improper Motives and Abuse of Power

  • 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 144-153

  • Summary

    This chapter discusses improper purposes, improper motives and abuse of power as grounds of judicial review.The discussion of improper purposes and improper motives includes consideration of multiple purposes or motives and the approach of the courts in determining the legality of a decision-maker’s actions in such a case.Abuse of power and misuse of power form the subject of discussion in the remainder of the chapter.

  • 6 - Standing

  • from Part II - 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 52-63

  • Summary

    This chapter considers standing to make an application for judicial review.It describes the principles and rules relating to the requirement to demonstrate a sufficient interest in the case to which the application relates.It then discusses personal standing and representative standing, the latter of which is divided into proxy, organisational and public interest standing.This concludes with a discussion of costs in public interest standing applications.

Page 1130 of 1925