Abstract
This paper comprises notes for an address delivered by Lord Cooke at the Administrative Law Conference in Wellington on 25 March 1998. In it, Lord Cooke discusses changing trends in judicial review in jurisdictions beyond New Zealand. He begins by outlining general principles relating to judicial review, then considers recent cases in Samoa, Fiji, Hong Kong, and the United Kingdom. In this discussion, Lord Cooke comments on the operation of the (then) new Court of Final Appeal in Hong Kong. He also notes R v Secretary of State for the Home Department, ex parte Fayed [1997] 1 All ER 228 (CA), described by Lord Cooke as “a triumph for the principle of fairness”, and outlines the content of a recent text by Christopher Forsyth and Ivan Hare, The Golden Metwand and the Crooked Cord: Essays on Public Law in Honour of Sir William Wade QC (Clarendon Press, Oxford, 1998), a collection of essays on public law. He closes by commenting favourably on the recognition of a common law duty to give reasons for administrative decisions, drawing on two essays from this text. Abstract by Tim Cochrane.
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