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Prospects for Judicial Review of Transnational Private Regulation: Singapore and Canada Cover

Prospects for Judicial Review of Transnational Private Regulation: Singapore and Canada

Open Access
|Oct 2016

Abstract

Transnational regulatory power is increasingly exercised by bodies with no formal accountability to states, although such bodies affect the way individuals, organizations, and states themselves conduct their affairs. As a general rule, courts have been reluctant to engage with these transnational private regulators. This article argues that courts in Singapore and Canada are gradually, if haltingly, fashioning public law principles that enable them to judicially review decisions of domestic private regulators. These principles tend to focus not on the formal status of the body exercising power but on the nature of that power, essentially articulating a functional test. The article argues further that, as it has developed in Singapore and Canada, administrative law contains within it legal tools and principles that would enable courts to judicially review the decisions of transnational private regulators and allow them to play an important role in shaping the emerging norms that govern transnational regulation.
Language: English
Published on: Oct 12, 2016
Published by: Ubiquity Press
In partnership with: Paradigm Publishing Services
Publication frequency: 1 issue per year

© 2016 Victor V. Ramraj, published by Ubiquity Press
This work is licensed under the Creative Commons Attribution 4.0 License.