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The Constitutional Foundations of Judicial Review
By
Mark Elliott
Description
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.
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.
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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