John Smillie, Judicial Review and New Zealand's Missed Opportunity
Rodriguez Ferrere, M. B., ‘John Smillie, judicial review and New Zealand’s missed opportunity’ in Henaghan, R. M., Griffiths, S. E. and Rodriguez Ferrere, M. B., (eds) Essays in Honour of John Smillie (Thomson Reuters: Wellington, 2016).
32 Pages Posted: 16 Dec 2018
Date Written: 2016
Abstract
This paper explores Professor John Smillie’s contribution to administrative law in New Zealand and, specifically, his proposal for the development of judicial review over thirty years ago. The author begins by detailing and examining Smillie’s approach, before continuing on to identify the consequences of New Zealand striking a different path. The paper concludes that, had New Zealand adopted Professor Smillies’s proposal, the judicial review jurisdiction may have avoided some of the problems it currently faces in administrative law.
Keywords: Administrative law, public law, judicial review, John Smillie, New Zealand
JEL Classification: K00, K23, K40
Suggested Citation: Suggested Citation