The Constitutional Foundations of Judicial Review
Recent years have witnessed a vibrant debate concerning the constitutional basis of judicial review,which reflects a broader discourse about the role of the courts, and their relationship with the other institutions of government, within the constitutional order. This book comprehensively analyses the foundations of judicial review. It subjects the traditional justification, based on the doctrine of ultra vires, to criticial scrutiny and fundamental reformulation, and it addresses the theoretical challenges posed by the impact of the Human Rights Act 1998 on administrative law and by the extension of judicial review to prerogative and non-statutory powers. It also explores the relationship between the theoretical basis of administrative law and its practical capacity to safeguard individuals against maladministration. The book seeks to develop a constitutional rationale for judicial review which founds its legitimacy in core principles such as the rule of law, the separation of powers and the sovereignty of Parliament. It presents a detailed analysis of the interface between constitutional and administrative law, and will be of interest to all public lawyers.
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2 The Traditional Ultra Vires Principle
3 Legislative Frameworks and the Control of Discretionary Power
4 The Modified Ultra Vires Principle
5 Beyond the Logical Boundary? Judicial Review of NonStatutory Power
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administrative law Anisminic apply approach argued argument British C F Forsyth Clarendon Press common law model competence conception conceptualised conferred Constitution Oxford constitutional order constitutional principle constitutionally context Convention rights courts Craig decision decision-making discretionary power ECHR enforcement exercise existence Factortame grounds of review H W R Wade Hart Publishing Home Department House of Lords Human Rights Act human rights review interpretation intra vires judges judicial review judiciary justified Laws’s legal power legislative intention legislative supremacy limits logic Lord Woolf modified ultra vires non-statutory power normative ouster clauses parliamentary sovereignty prerogative power public law rationalised relevant review of statutory rule of law rule-based scope Secretary separation of powers Sir John Laws sovereign statutory power substantive supervisory jurisdiction T R S T R S Allan tion traditional ultra vires ultra vires doctrine ultra vires principle ultra vires theory United Kingdom vires-based