Judicial Review and the Constitution
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)Contributors Nick 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.
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administrative law Anisminic apply approach argued argument basis of judicial Christopher Forsyth common law Convention rights Council courts Craig decision decision-making deﬁned developed devolution devolution issue devolved difﬁculty discretionary power duties effect example exercise ﬁeld ﬁnd ﬁrst Foundations of Judicial grounds of review House of Lords Human Rights Act Ibid imposed interpretation judges judicial review judiciary legal positivism legislative intent legislature limits Lord Diplock Lord Woolf Minister modiﬁed ultra vires moral natural justice non-statutory normative Northern Ireland ofﬁcial ouster clauses parliamentary sovereignty political positivist private law procedural public authorities public law reason recognised reference reﬂection relation relevant reserved matters Rights Act 1998 rule of law Scotland Act Scottish Parliament signiﬁcant Sir John Laws Sovereignty of Parliament speciﬁc statute statutory power substantive supervisory jurisdiction theory tion ultra vires doctrine ultra vires principle ultra vires rule United Kingdom Wade’s Woolf
Page 428 - Practical men, who believe themselves to be quite exempt from any intellectual influences, are usually the slaves of some defunct economist. Madmen in authority, who hear voices in the air, are distilling their frenzy from some academic scribbler of a few years back.
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