Judicial Review of Administrative Action: Europe and Latin America

Abstract This chapter provides a comparison of the discipline of judicial review of administrative action in Latin America and in Europe. In terms of judicial review in Latin America, international organizations did not exercise an 'integrative influence' as the Council of Europe and the European Union did in Europe. It may be said that the relative homogeneity of the systems of judicial review in Latin America is mainly the result of the cultural polity formed by many states resulting from the disintegration of the Spanish and Portuguese domains. The chapter then considers the main points of the general part of Professor Brewer-Carias's report on the discipline of judicial review of administrative action in Latin America, which shows a situation very similar to the European one. These include the nature of judicial review; administrative procedure and judicial review; procedural infringements; administrative appeals; monism and dualism; and judicial proceedings.