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Judicial Review and the Constitution Christopher Forsyth

Judicial Review and the Constitution By Christopher Forsyth

Judicial Review and the Constitution by Christopher Forsyth


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Summary

This collection of essays presents opposing sides of the debate over the foundations of judicial review.

Judicial Review and the Constitution Summary

Judicial Review and the Constitution by Christopher 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.

Judicial Review and the Constitution Reviews

In Judicial Review and the Constitution, Forsyth has gathered together the best of the previously published articles on the topic, and has commissioned new work from an impressive selection of leading public law scholars. The result is a collection that will prove of immense utility to anyone wanting an exhaustive survey of the arguments made in the debate. N. W. Barber Oxford Journal of Legal Studies June 2002 Within the public law field, this book will (deservedly) prove among the foremost influences on the next generation of legal scholarship. Ian Loveland, City University Law Quarterly Review February 2003

About Christopher Forsyth

Dr Christopher Forsyth is a Fellow of Robinson College and Assistant Director of the Centre for Public Law at the University of Cambridge. is Reader in Law at University College London Dr. iur (Hamburg)

Table of Contents

Part 1 The debate begins: is the ultra vires rule the basis of judicial review?, Professor Dawn Oliver - sources of power, institutions, functions, conclusions; of fig leaves and fairy tales - the ultra vires doctrine, the sovereignty of parliament and judicial review, Christopher Forsyth - introduction, judicial review and the exercise of non-legal powers by non-statutory bodies, weak and strong criticism of the ultra vires doctrine, the response to weak criticism, reconciling the weak criticism with orthodoxy, the utility of fig-leaves and fairy tales, the response to strong criticism, conclusions; ultra vires and the foundations of judicial review, Professor Paul Craig FBA - the criticism of the ultra vires doctrine, the defence of the ultra vires principles - the dangers of its abandonment, the defence of the ultra vires principle - meeting the objections, the foundations of judicial review, conclusion; illegality - the problem of jurisdiction, Lord Justice Laws - R v Hull University ex p Page; the ultra vires doctrine in a constitutional setting - still the central principle of administrative law, Mark Elliott - introduction, the importance of justifying judicial review, the relationship between legislative intention and judicial review, a constitutional setting for the ultra vires doctrine - overcoming the shortcomings of the traditional model, conclusion. Part 2 The jurisprudential debate: ultra vires and institutional interdependence, Nicholas Bamforth - criteria for assessing the merits of a legal theory, ultra vires as the constitutional foundation of judicial review, institutional interdependence and Hart's rule of recognition, an analogy - parliamentary privilege, conclusion - making explicit the basis of judicial review; form and substance in the rule of law - a democratic justification for judicial review, Professor David Dyzenhaus - introduction, procedure and substance in practical theory, positivism, judicial review and the rule of law, substance and judicial supremacist, the pleasing persistence of process based theories; judicial review and the meaning of law - Lord Justice Laws - introductory, the common law, philosophy, positivism, the nature of principle, the rule of law, parliament and the judges. Part 3 Constitutional reform and the foundations of judicial review: the foundations of review, devolved power and delegated power, Professor Brigid Hadfield - general introduction, the realities, devolution - the mechanics, conclusions; the courts, devolution and judicial review, Professor Paul Craig FBA and Mark Walters - Wales, executive devolution and the assignment of limited competence, judicial challenge to the competence of the assembly, Scotland, legislative devolution and the demarcation of legislative competence, political challenge to the competence of the Scottish parliament, judicial challenge to the competence of the Scottish parliament, judicial determination of legislative competence. (Part Contents).

Additional information

NPB9781841131054
9781841131054
1841131059
Judicial Review and the Constitution by Christopher Forsyth
New
Hardback
Bloomsbury Publishing PLC
2000-05-01
480
N/A
Book picture is for illustrative purposes only, actual binding, cover or edition may vary.
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