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.
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Produktdetaljer
ISBN
9781847310514
Publisert
2015
Utgave
1. utgave
Utgiver
Bloomsbury UK
Språk
Product language
Engelsk
Format
Product format
Digital bok
Forfatter