Judicial Review And The Constitution

Judicial Review And The Constitution

by C. F. Forsyth
     
 
This collection of essays presents opposing sides of the debate over the foundations of judicial review. In this work, however, the discussion of whether the ultra vires doctrine is best characterised as a central principle of administrative law or as a harmless, justificatory fiction is located in the highly topical and political context of constitutional change. The

Overview

This collection of essays presents opposing sides of the debate over the foundations of judicial review. In this work, however, the discussion of whether the ultra vires doctrine is best characterised as a central principle of administrative law or as a harmless, justificatory fiction is located in the highly topical and political context of constitutional change. The thorough jurisprudential analysis of the relative merits of models of legislative intention and judicial creativity provides a sound base for consideration of the constitutional problems arising out of legislative devolution and the Human Rights Act 1998. As the historical orthodox is challenged by growing institutional independence, leading figures in the field offer competing perspectives on the future of judicial review.

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The essays collected here present opposing sides of the debate over the foundations of judicial review in English law. The controversy surrounding the doctrine of "ultra vires" is considered in the political context of constitutional change. Models of "legislative intention" and "judicial creativity" are also examined and evaluated, with consideration to the problems arising from the 1998 Human Rights Act. Contributors include legal scholars from the United Kingdom and Canada. Distributed by ISBS. Annotation c. Book News, Inc., Portland, OR (booknews.com)

Product Details

ISBN-13:
9781841131054
Publisher:
Hart Publishing (UK)
Publication date:
05/01/2000
Pages:
484
Product dimensions:
6.14(w) x 9.21(h) x 1.06(d)

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