The Constitutional Foundations Of Judicial Review

Overview

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 analyzes the foundations of judicial review. It subjects the traditional justification, based on the doctrine of ultra vires, to critical scrutiny and fundamental reformulation, and it addresses the theoretical challenges posed...
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Overview

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 analyzes the foundations of judicial review. It subjects the traditional justification, based on the doctrine of ultra vires, to critical 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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Editorial Reviews

Booknews
Elliott (law, U. of Cambridge) examines issues regarding the justification for judicial review of other government institutions in the U.K. He does not seek to evaluate the exact content of the controls to which the courts should subject administrative agencies. Rather, he focuses on how the law of judicial review is structurally supported by the unwritten constitutional order of the U.K., how judicial review and parliamentary sovereignty may co-exist, and varied ways in which different forms of public power challenge this justification. The impact of the Human Rights Act 1998 on the constitutional foundations of judicial review is also discussed. Distributed by ISBS. Annotation c. Book News, Inc., Portland, OR (booknews.com)
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Product Details

  • ISBN-13: 9781841131801
  • Publisher: Hart Publishing (UK)
  • Publication date: 3/16/2001
  • Pages: 296
  • Product dimensions: 6.14 (w) x 9.21 (h) x 0.69 (d)

Meet the Author

Mark Elliott

Mark Elliott has been visiting Azerbaijan regularly for the last 15 years and has driven, hiked, ridden and hitched back into virtually every corner of the country to research the fourth edition of this guide.

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Table of Contents

Table of Cases
Table of Legislation
Glossary
1 Justifying Judicial Review 1
2 The Traditional Ultra Vires Principle 23
3 Legislative Frameworks and the Control of Discretionary Power 37
4 The Modified Ultra Vires Principle 97
5 Beyond the Logical Boundary? Judicial Review of Non-Statutory Power 165
6 Judicial Review and Human Rights 197
7 The Constitutional Foundations of Judicial Review 247
Index 255
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