Felix, John Anthony Shivaji; (2000) Judicial Review in Administrative Law: A Comparative Study of Rights Consciousness with Special Reference to Sri Lanka. Doctoral thesis (Ph.D), UCL (University College London).

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Abstract

This thesis examines the interface between administrative law, human rights and jurisprudence. It is the author's contention that judicial review is a very important tool for the vindication of fundamental human rights and that the development of a rights culture is a prerequisite for the promotion of the rule of law and for firmly establishing a liberal democracy. Such a form of review has the advantage of objectivity, candour and legitimacy. The extent to which rights consciousness can be used as a justification for judicial review, in administrative law, is examined in this thesis. For this purpose, developments in a number of jurisdictions, sharing a common heritage, including England, Canada, Australia, New Zealand and India are examined, with special reference being made to Sri Lanka. Various aspects of judicial review, in administrative law, are examined and it is sought to identify certain underpinning human rights norms so as to justify such review. After a brief introduction (chapter 1), followed by an examination of the justification for rights based review (chapter 2), the thesis examines the manner in which the right of access to the courts has been protected by the adoption of flexible rules of standing (chapter 3) and the manner in which the courts have resisted ouster clauses (chapter 8). The thesis examines the manner in which rights consciousness has been advanced by the development of principles of good administration such as natural justice (chapter 4), legitimate expectations (chapter 5), reasonableness (chapter 6) and legality (chapter 7). The final chapter (chapter 9) examines the implications of rights based review. The law is stated at 31 December 1999 although certain subsequent developments have been taken into account.

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