Reforming Judicial Review: Procedural Reform and the Avoidance of Substantive Review?

37 Pages Posted: 9 Apr 2016 Last revised: 10 Jul 2019

See all articles by Joe McIntyre

Joe McIntyre

University of South Australia - School of Law

Lorne Neudorf

University of Adelaide - School of Law

Date Written: September 9, 2014

Abstract

Recent English reforms to restrict the availability of access to a reviewing court through changes to the judicial review procedure create rule of law concerns. This paper examines those reforms in light of comparative studies of the existing law and recent reforms in Australia, Canada, and England and Wales. The study demonstrates the relative strictness of time limits for bringing an application for judicial review as opposed to litigation in other subject matters, and the particular ‘hardness’ of those limits in England and Wales. The authors also situate the focus on judicial review procedure within the broader trend of proceduralism in civil litigation, and illustrate – via two vignettes from Australia and Canada – how this new proceeduralism create particular vulnerability in the context of judicial review.

Keywords: Judicial review, administrative law, procedural reform, rule of law, legality, Australia, Canada, England and Wales

Suggested Citation

McIntyre, Joe and Neudorf, Lorne, Reforming Judicial Review: Procedural Reform and the Avoidance of Substantive Review? (September 9, 2014). U. of Adelaide Law Research Paper No. 2018-105, Available at SSRN: https://ssrn.com/abstract=2759661 or http://dx.doi.org/10.2139/ssrn.2759661

Joe McIntyre (Contact Author)

University of South Australia - School of Law ( email )

GPO Box 2471
Adelaide SA 5001
Australia

Lorne Neudorf

University of Adelaide - School of Law ( email )

Ligertwood Building
Adelaide 5005, South Australia SA 5005
Australia

HOME PAGE: http://https://researchers.adelaide.edu.au/profile/lorne.neudorf

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