Cantitate/Preț
Produs

Judicial Review and the Constitution

Editat de Christopher Forsyth
en Limba Engleză Hardback – 30 apr 2000
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 orthodoxy is challenged by growing institutional independence, leading figures in the field offer competing perspectives on the future of judicial review. "Confucius was wrong to say that it is a curse to live in interesting times. We are witnessing the development of a constitutional philosophy which recognises fundamental values and gives them effect in the mediation of law to the people". (Sir John Laws)ContributorsNick Bamforth, Paul Craig, David Dyzenhaus, Mark Elliott, David Feldman, Christopher Forsyth, Brigid Hadfield, Jeffrey Jowell QC, Sir John Laws, Dawn Oliver, Sir Stephen Sedley, Mark Walters. With short responses by: TRS Allan, Stephen Bailey, Robert Carnworth, Martin Loughlin, Michael Taggart, Sir William Wade.
Citește tot Restrânge

Preț: 72009 lei

Preț vechi: 103157 lei
-30% Nou

Puncte Express: 1080

Preț estimativ în valută:
13785 14350$ 11349£

Carte tipărită la comandă

Livrare economică 31 ianuarie-14 februarie 25

Preluare comenzi: 021 569.72.76

Specificații

ISBN-13: 9781841131054
ISBN-10: 1841131059
Pagini: 480
Dimensiuni: 156 x 234 x 37 mm
Greutate: 0.85 kg
Editura: Bloomsbury Publishing
Colecția Hart Publishing
Locul publicării:London, United Kingdom

Caracteristici

These essays present opposing sides of the debate over the foundations of judicial review. The discussion of how to characterise the 'ultra vires' doctrine is located in the highly topical and political context of constitutional change.

Notă biografică

Dr Christopher Forsyth is a Fellow of Robinson College and Assistant Director of the Centre for Public Law at the University of Cambridge. is Reader in Law at University College London Dr. iur (Hamburg)

Cuprins

PART I THE DEBATE BEGINS1. Is the Ultra Vires Rule the Basis of Judicial Review?Professor Dawn Oliver2. Of Fig Leaves and Fairy Tales: The Ultra Vires Doctrine, the Sovereignty of Parliament and Judicial ReviewChristopher Forsyth3. Ultra Vires and the Foundations of Judicial ReviewProfessor Paul Craig4. Illegality: The Problem of JurisdictionLord Justice Laws5. The Ultra Vires Doctrine in a Constitutional Setting: Still the Central Principle of Administrative LawMark ElliottPART II THE JURISPRUDENTIAL DEBATE6. Ultra Vires and Institutional InterdependenceNicholas Bamforth7. Form and Substance in the Rule of Law: A Democratic Justification for Judicial ReviewProfessor David Dyzenhaus8. Judicial Review and the Meaning of LawLord Justice LawsPART III CONSTITUTIONAL REFORM AND THE FOUNDATIONS OF JUDICIAL REVIEW9. The Foundations of Review, Devolved Power and Delegated PowerProfessor Brigid Hadfield10. The Courts, Devolution and Judicial ReviewProfessor Paul Craig11. Convention Rights and Substantive Ultra ViresProfessor David Feldman12. Fundamental Rights as Interpretative Constructs: The Constitutional Mark Elliott

Recenzii

In Judicial Review and the Constitution, Forsyth has gathered together the best of the previously published articles on the topic, and has commissioned new work from an impressive selection of leading public law scholars. The result is a collection that will prove of immense utility to anyone wanting an exhaustive survey of the arguments made in the debate.
Within the public law field, this book will (deservedly) prove among the foremost influences on the next generation of legal scholarship.

Descriere

This collection of essays presents opposing sides of the debate over the foundations of judicial review.