Anxious Scrutiny in Hong Kong Administrative Law
Origins, Adaptations, and Techniques
Bibliographic Data
| ID | 21832792 |
|---|---|
| Authors | Michael Ramsden (Chinese University of Hong Kong, corresponding author) |
| Year | 2024 |
| Volume | 19 |
| Issue | 2 |
| Pages | 348-368 |
| Publication date | 2024-08-01 |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | Asian Journal of Comparative Law (JOURNAL) |
| Journal identifiers | ISSN: 1932-0205 • E-ISSN: 2194-6078 |
| Publisher | Cambridge University Press (CUP) (PUBLISHER) |
| DOI | 10.1017/asjcl.2024.6 |
| OpenAlex | W4396497797 |
| Language | EN |
| References cited | 10 |
‘Anxious scrutiny’ has become one of the most used terms within the lexicon of judicial review throughout the common law world, including Hong Kong, yet surprisingly remains understudied in the scholarly literature. In contrast to the considerable body of literature on substantive review of discretion in relation to proportionality and Wednesbury unreasonableness as rival standards of review, there is still much to explore in relation to the foundation, purpose, and techniques of anxious scrutiny review, including how the concept may have come to depart from its English roots in other common law jurisdictions. Using Hong Kong as a case study, this article examines how anxious scrutiny has been received in an Asian common law jurisdiction, considering both the scope of application and the techniques used by judges under this standard. Through a detailed examination of the case law, it traces the origins and evolution of the standard and its future role within the sliding scale of substantive review within Hong Kong's system of public law
Political science · Scrutiny · Conflict of Laws and Jurisdiction · Dispute Resolution and Class Actions · Law · Legal principles and applications
| Highly cited | No |
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