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The Constitutional Foundations of Judicial Review Mark Elliott (University of Cambridge)

The Constitutional Foundations of Judicial Review By Mark Elliott (University of Cambridge)

The Constitutional Foundations of Judicial Review by Mark Elliott (University of Cambridge)

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Summary

This book comprehensively analyses the foundations of judicial review.

The Constitutional Foundations of Judicial Review Summary

The Constitutional Foundations of Judicial Review by Mark Elliott (University of Cambridge)

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.

The Constitutional Foundations of Judicial Review Reviews

It is a challenging work in every sense of the term. The thesis is closely argued. It enganges the reader. It is combative. Paul Craig Nicholas Bamforth, Oxford University Public Law March 2001 A stimulating and exciting discussion of argument for judicial review, which will surely be the source of much debate. Christian Jowett New Law Journal July 2001

About Mark Elliott (University of Cambridge)

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.

Table of Contents

Part 1 Justifying judicial review: the rise of judicial review; the challenge -justifying judicial review; the notion of constitutional legitimacy; the importance of examining constitutional legitimacy; conclusion. Part 2 The traditional ultra vires principle: structural coherence and internal coherence; the artificiality of the ultra vires principle; passive artificiality; active artificiality; the emptiness of the ultra vires principle; the radical and the moderate. Part 3 Legislative frameworks and the control of discretionary power: the constitutional status of legislative intention; legislation and the scope of discretionary power; conclusion. Part 4 The modified ultra vires principle: judicial review and the rule of law; ultra vires methodology in a constitutional setting; the modified ultra vires principle - overcoming the deficiencies of the traditional model; the advantages of the modified ultra vires principle over the common law theory of review; conclusion. Part 5 Beyond the logical boundary? judicial review of non-statutory power: the sources of governmental power; judicial review of prerogative power; judicial review of de facto governmental power; conclusion. Part 6 Judicial review and human rights: human rights in the United Kingdom; the constitutional foundations of human rights review; the legal basis of human rights review; conclusion. Part 7 The constitutional foundations of judicial review: constitutional justification and normative justification; a context-sensitive approach to constitutional justification; impetus and implementation; conclusion.

Additional information

NPB9781841131801
9781841131801
1841131806
The Constitutional Foundations of Judicial Review by Mark Elliott (University of Cambridge)
Mark Elliott (University of Cambridge)
New
Hardback
Bloomsbury Publishing PLC
2001-03-16
296
N/A
Book picture is for illustrative purposes only, actual binding, cover or edition may vary.
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