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Shutilina O.A. JUDICIAL CONTROL AS A MECHANISM OF ADMINISTRATIVE CONTROL IN COMMON LAW COUNTRIES

Published in journal "Administrative and municipal law", 2015-8 in rubric "Administrative law, municipal law and the judicial branch", pages 847-852.

Resume: The scientific article seeks to analyze judicial review as a general administrative control process by looking generally at its common-law origins. The author defines the role of judicial review and the space for consideration of alternative ways of disputes settlement. The aim is to analyze the nature of judicial review and the peculiarities of its functioning. Through this, an appropriate place for the courts and judicial review can be determined, both constitutionally and institutionally, within an inclusive system of administrative justice. General scientific methods of cognition such as the methods of analysis, comparative methods, systems and structural methods, legal and technical research methods form the methodological basis of the article.An underlying assumption of this article is that judicial review is being used in a manner for which it was not designed. As a primary avenue of administrative justice, it fails to accord the level of justice that it should. The criticisms which relate to judicial review do so largely because it is being relied on to perform all the tasks which should be allocated to a larger and more integrated system of administrative law.

Keywords: watchdog theory, Ultra Vires Doctrine, legality, merits review, administrative tribunals, judicial review, supervision, appeal, reasons, finality

DOI: 10.7256/1999-2807.2015.8.15830

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Bibliography:
Boulle, Harris & Hoexter Constitutional and Administrative Law. 1989. S. 246-251.
President of the Republic of South Africa and Others v South African Rugby Football Union and Others.(SARFU 3). 2000. S. 148.
Pharmaceutical Manufacturers Association of South Africa and Another: In Ex Parte President of the Republic of South Africa and Others. 2000. S. 674.
Boulle Constitutional and Administrative Law. 1999. S. 256.
Milne AJ Estate Geekie Union Government. 1948. S. 502.
Hoexter Administrative Law. 2004. S. 104-105.
Milne J South African Roads Board v Johannesburg City Council. 1991. S. 13.
Woolf De Smiths Judicial Review. 2011. S. 3.
Fuller The Forms and Limits of Adjudication.1992. S. 353.
Hoexter Administrative Law. 2000. S. 18; Harlow & Rawlings Law and Administration. 2011. S. 123. ; Hutchinson The Rise and Ruse of Administrative Law and Scholarship. 1985. S. 293.
Cane Administrative Law. 2004. S. 378.
Galligan Judicial Review and the Textbook Writers. 2012. S. 257.

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