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The Constitutional Foundations of Judicial Review

Autor Mark Elliott
en Limba Engleză Hardback – 15 mar 2001
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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Specificații

ISBN-13: 9781841131801
ISBN-10: 1841131806
Pagini: 296
Dimensiuni: 156 x 234 x 23 mm
Greutate: 0.59 kg
Editura: Bloomsbury Publishing
Colecția Hart Publishing
Locul publicării:London, United Kingdom

Caracteristici

Recent years have witnessed a vibrant debate concerning the constitutional basis of judicial review. This book presents a detailed analysis of the interface between constitutional and administrative law, and will be of interest to all public lawyers.

Notă biografică

Mark Elliott is a University Lecturer in Law at the University of Cambridge,and a Fellow, Director of Studies and Richard Fellingham Lecturer in Law at St. Catharine's College, Cambridge.

Cuprins

1. Justifying Judicial Review2. The Traditional Ultra Vires Principle3. Legislative Frameworks and the Control of Discretionary Power4. The Modified Ultra Vires Principle5. Beyond the Logical Boundary? Judicial Review of Non-Statutory Power6. Judicial Review and Human Rights7. The Constitutional Foundations of Judicial Review

Recenzii

It is a challenging work in every sense of the term. The thesis is closely argued. It enganges the reader. It is combative.
A stimulating and exciting discussion of argument for judicial review, which will surely be the source of much debate.

Descriere

This book comprehensively analyses the foundations of judicial review.