Judicial Review and the ConstitutionChristopher Forsyth 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. |
Other editions - View all
Common terms and phrases
accepted accordance action administrative law Appeal apply approach argued argument authority basis Boddington bodies challenge claim clauses clear common law competence conception concerned conferred considerations constitutional contract Convention rights Council courts Craig critics debate decision decision-making determine developed devolution duties effect example exercise existence express fact fairness follows Forsyth foundation function fundamental give given granted grounds Human Rights Act implied important imposed interests interpretation issue John judges judicial review jurisdiction justice justify least legislative intent legislature limits Lord matter means Minister modified moral nature ouster Parliament particular political position possible present principle procedural protection provisions public law question reason reference regard regulations relation relationship relevant requires respect rule of law Secretary sense sovereignty statute statutory substantive suggested theory tion ultra vires doctrine United