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A comparative study of the systems of review of administrative action by courts and tribunals in Australia and Vietnam : what Vietnam can learn from Australian experience  


Abstract Category: Laws
Course / Degree: PhD
Institution / University: La Trobe University, Australia
Published in: 2007


Dissertation Abstract / Summary:

This thesis is a critical comparative study of the systems of review of administrative action by courts and tribunals in the Australian and Vietnamese jurisdictions. Its purpose is to determine the feasibility and desirability of applying Australian legal experience in Vietnamese conditions. It examines the law and legal institutions of both countries with regard to subject matter of administrative law in order to make comparisons and, more importantly, to draw on Australian experiences which may be relevant to Vietnam's legal reform. It focuses on four related themes, namely, the models of adjudicative bodies, the scope of judicially reviewable administrative actions, the grounds for review and the powers of courts in the Australian and Vietnamese jurisdictions. This comparative analysis establishes the basis for a number of proposals for improvements in the judicial review mechanism and for the adoption of a model of administrative tribunals in Vietnam. The thesis argues that the key to a sensitive and accurate comparative law study is the 'law in context' approach, based on which proposals can be made that are feasible and desirable in the Vietnamese conditions. It then concludes that while Australian experience may offer Vietnam some ideas about how to reform its administrative law system, if the reform is to be effective it needs to be carried out gradually, consistent with the Vietnamese context.


Dissertation Keywords/Search Tags:
administrative law, Vietnam, Australia, comparative law

This Dissertation Abstract may be cited as follows:
NGUYEN, Van Quang(2007). "A comparative study of the systems of review of administrative action by courts and tribunals in Australia and Vietnam : what Vietnam can learn from Australian experience". Unpublished doctoral thesis. La Trobe University, Melbourne, Australia.


Submission Details: Dissertation Abstract submitted by quang nguyen from Vietnam on 27-Aug-2010 05:53.
Abstract has been viewed 3650 times (since 7 Mar 2010).

quang nguyen Contact Details: Email: quanganhbong@yahoo.com



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