Remedies in Administrative Law

Abstract

With the introduction of the Bill of Rights in 1991 and the Basic Law in 1997, the demarcation between constitutional law and traditional judicial review in administrative law has become increasingly blurred. In one sense, a challenge against an administrative decision for being contrary to the Basic Law is nothing more than an application of the doctrine of ultra vires under traditional judicial review. Yet the possibility of challenging the vires of the enabling legislation has considerably widened the scope of judicial review, as an administrative decision can be challenged, not just by attacking the decision itself, but also by attacking the vires of the source of powers. This possibility presents new challenges to the judiciary in granting remedies, as the consequences and implications could be much far-reaching. At the same time, the trend of combining constitutional challenges in traditional judicial review applications raises the question how far the existing procedure for judicial review is adequate to meet this new challenge. This paper examines how the Hong Kong courts have risen to these challenges.