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Constraints on Judicial Review of Managerial Discretion: Substantive and Procedural

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Chapter Summary

This chapter presents the proceedings of a Conference on international administrative law held in Paris on May 16, 2000. The occasion of the Conference was the celebration of the twentieth anniversary of the World Bank Administrative Tribunal (WBAT). The political question doctrine emerged in domestic constitutional laws to limit judicial review over acts by the executive and legislative branches of government. A judge of the Asian Development Bank (AsDB) Tribunal, Professor Martti Koskenniemi, recently wrote a book review on the use of the test of reasonableness by international judge. He noted the increasing recourse to broad tests of "reasonableness," to "general and evaluative language" which, while purporting to limit judges' discretion actually allows judges increased subjectivity, thereby "transferring social power from the legislators to the law appliers, thus creating the danger of administrative or judicial abuse".

Keywords:Asian Development Bank (AsDB); judicial review; managerial discretion; World Bank Administrative Tribunal (WBAT)



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