Show Summary Details

Page of

PRINTED FROM OXFORD HANDBOOKS ONLINE ( © Oxford University Press, 2018. All Rights Reserved. Under the terms of the licence agreement, an individual user may print out a PDF of a single chapter of a title in Oxford Handbooks Online for personal use (for details see Privacy Policy and Legal Notice).

date: 07 March 2021

Abstract and Keywords

The legal culture, political context, and organization of any one national state is key to apprehending the role of courts and judicial review in upholding the rule of law and the administrative state. Constitutional principles like the separation of powers, basic rights, and governance priorities like efficiency will shape the scope, intensity, and grounds of judicial review, which actors are susceptible to it, and questions of standing. Different ideological communities place varying emphasis on these factors. Models of judicial review, based on the French special administrative courts or English common law courts of general jurisdiction, were first developed in Western liberal democracies. These have been influential exports beyond Europe, although susceptible to autochthonous adaptations informed by local culture and exigencies. This chapter examines the chief features of courts and judicial review in Western liberal democracies, where the function of judicial review has gone beyond ensuring legality and conformity of administrative processes to standards of substantive and procedural fairness, to include protecting fundamental rights and promoting participatory democracy in the rule-making process. It examines how judicial review operates, similarly or distinctly, under other government regimes beyond liberal democratic orders, within non-liberal developmental states with communitarian cultures and socialist legal systems.

Keywords: rule of law, judicial review, separation of powers, courts, fundamental rights, participatory democracy, English common law, droit administratif, socialist legal systems, developmentalist states, liberal legalism

Access to the complete content on Oxford Handbooks Online requires a subscription or purchase. Public users are able to search the site and view the abstracts and keywords for each book and chapter without a subscription.

Please subscribe or login to access full text content.

If you have purchased a print title that contains an access token, please see the token for information about how to register your code.

For questions on access or troubleshooting, please check our FAQs, and if you can''t find the answer there, please contact us.