Judicial Review And The Constitution

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 ...
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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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Editorial Reviews

Booknews
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)
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Product Details

  • ISBN-13: 9781841131054
  • Publisher: Hart Publishing (UK)
  • Publication date: 5/1/2000
  • Pages: 484
  • Product dimensions: 6.14 (w) x 9.21 (h) x 1.06 (d)

Table of Contents

Acknowledgements
List of Contributors
List of Participants
Table of Cases
Table of Legislation
1 Is the Ultra Vires Rule the Basis of Judicial Review? 3
2 Of Fig Leaves and Fairy Tales: The Ultra Vires Doctrine, the Sovereignty of Parliament and Judicial Review 29
3 Ultra Vires and the Foundations of Judicial Review 47
4 Illegality: The Problem of Jurisdiction 73
5 The Ultra Vires Doctrine in a Constitutional Setting: Still the Central Principle of Administrative Law 83
6 Ultra Vires and Institutional Interdependence 111
7 Form and Substance in the Rule of Law: A Democratic Justification for Judicial Review 141
8 Judicial Review and the Meaning of Law 173
9 The Foundations of Review, Devolved Power and Delegated Power 191
10 The Courts, Devolution and Judicial Review 213
11 Convention Rights and Substantive Ultra Vires 245
12 Fundamental Rights as Interpretative Constructs: The Constitutional 269
13 Public Power and Private Power 291
14 Review of (Non-Statutory) Discretions 307
15 Of Vires and Vacuums: The Constitutional Context of Judicial Review 327
16 Legislative Intention Versus Judicial Creativity? Administrative Law as a Co-operative Endeavour 341
17 Competing Models of Judicial Review 373
18 Heat and Light: A Plea for Reconciliation 393
Comments from some Participants
The Rule of Law as the Foundation of Judicial Review 413
Judicial Review in a Modern Context 421
No Need for a Single Foundation 423
Whither the Constitution? 425
Ultra Vires as Distraction 427
Constitutional Realities and Judicial Prudence 431
Index 433
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