Non Statutory Executive Powers And Judicial Review


Non Statutory Executive Powers And Judicial Review
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Non Statutory Executive Powers And Judicial Review


Non Statutory Executive Powers And Judicial Review
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Author : Jason Grant Allen
language : en
Publisher: Cambridge University Press
Release Date : 2022-08-25

Non Statutory Executive Powers And Judicial Review written by Jason Grant Allen and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-08-25 with Law categories.


That non-statutory executive powers are subject to judicial review is beyond doubt. But current judicial practice challenges prevailing theories of judicial review and raises a host of questions about the nature of official power and action. This is particularly the case for official powers not associated with the Royal Prerogative, which have been argued to comprise a “third source” of governmental authority. Looking at non-statutory powers directly, rather than incidentally, stirs up the intense but ultimately inconclusive debate about the conceptual basis of judicial review in English law. This provocative book argues that modern judges and scholars have neglected the very concepts necessary to understand the supervisory jurisdiction and that the law has become more complex than it needs to be. If we start from the concept of office and official action, rather than grand ideas about parliamentary sovereignty and the courts, the central questions answer themselves.



Judicial Review Of Non Statutory Executive Action


Judicial Review Of Non Statutory Executive Action
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Author : Amanda Sapienza
language : en
Publisher:
Release Date : 2020-11-15

Judicial Review Of Non Statutory Executive Action written by Amanda Sapienza and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-11-15 with categories.




Executive Decision Making And The Courts


Executive Decision Making And The Courts
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Author : TT Arvind
language : en
Publisher: Bloomsbury Publishing
Release Date : 2021-02-25

Executive Decision Making And The Courts written by TT Arvind and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-02-25 with Law categories.


In this book, leading experts from across the common law world assess the impact of four seminal House of Lords judgments decided in the 1960s: Ridge v Baldwin, Padfeld v Minister of Agriculture, Conway v Rimmer, and Anisminic v Foreign Compensation Commission. The 'Quartet' is generally acknowledged to have marked a turning point in the development of court-centred administrative law, and can be understood as a 'formative moment' in the emergence of modern judicial review. These cases are examined not only in terms of the points each case decided, and their contribution to administrative law doctrine, but also in terms of the underlying conception of the tasks of administrative law implicit in the Quartet. By doing so, the book sheds new light on both the complex processes through which the modern system of judicial review emerged and the constitutional choices that are implicit in its jurisprudence. It further reflects upon the implications of these historical processes for how the achievements, failings and limitations of the common law in reviewing actions of the executive can be evaluated.



The Constitutional Foundations Of Judicial Review


The Constitutional Foundations Of Judicial Review
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Author : Mark Elliott
language : en
Publisher: Bloomsbury Publishing
Release Date : 2001-03-16

The Constitutional Foundations Of Judicial Review written by Mark Elliott and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001-03-16 with Law categories.


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.



Judicial Review And The Constitution


Judicial Review And The Constitution
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Author : Christopher Forsyth
language : en
Publisher: Hart Publishing
Release Date : 2000-08-04

Judicial Review And The Constitution written by Christopher Forsyth and has been published by Hart Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000-08-04 with Law categories.


Contains papers and comments from the conference on the Foundations of Judicial Review, held in Cambridge, England, May 22, 1999, and some previously published papers.



Judicial Review


Judicial Review
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Author : Hugh Southey
language : en
Publisher: Jordan Publishing (GB)
Release Date : 2017

Judicial Review written by Hugh Southey and has been published by Jordan Publishing (GB) this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with Administrative remedies categories.


Judicial Review: A Practical Guide is a handbook which aims to be a first port of call in all matters concerning judicial review applications, whether in civil or criminal proceedings. This new edition has been significantly amended to take account of the following developments in law and practice, including: * Development of the Unified Tribunal system with transfers of judicial reviews * Regionalisation of Administrative Court * Clear development of mistake of fact as a mistake of law * Increasing understanding of the impact of the Human Rights Act * Limitations upon judicial review in the context of immigration * Ongoing case-law developments * Changes to Appeals (CPR Pt 52) * Developments in costs and funding In addition to the authors' commentary, Judicial Review: A Practical Guide contains over 20 precedents covering all aspects of the litigation process, together with all the main legislative and judicial materials.



Interpreting Executive Power


Interpreting Executive Power
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Author : Janina Boughey
language : en
Publisher:
Release Date : 2020-01-31

Interpreting Executive Power written by Janina Boughey and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-01-31 with categories.




Judicial Review And The National Political Process


Judicial Review And The National Political Process
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Author : Jesse H. Choper
language : en
Publisher: Quid Pro Books
Release Date : 2013-05-16

Judicial Review And The National Political Process written by Jesse H. Choper and has been published by Quid Pro Books this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-05-16 with Political Science categories.


As constitutional scholar John Nowak noted when the book was first released, "Professor Choper's Judicial Review and the National Political Process is mandatory reading for anyone seriously attempting to study our constitutional system of government. It is an important assessment of the democratic process and the theoretical and practical role of the Supreme Court." That view is no less true today, as borne out by the countless citations to this landmark work over the decades, including scores in the last few years alone. It is simply part of the foundational canon of constitutional law and political theory, an essential part of the library of scholars, students, and educated readers interested in considering the hard choices inherent in what the courts should decide and how they should decide them.



Australian Public Law


Australian Public Law
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Author : Gabrielle Appleby
language : en
Publisher: Oxford University Press, USA
Release Date : 2014

Australian Public Law written by Gabrielle Appleby and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with Public law categories.


Introduces students to key principles, concepts, institutions in Australian Public Law, provides solid foundation for study of constitutional & administrative law. Explained through analysis of mechanisms of power & control, including discussions of functioning of institutions of government & contemporary issues. Authors at Uni of Adelaide.



Deference To The Administration In Judicial Review


Deference To The Administration In Judicial Review
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Author : Guobin Zhu
language : en
Publisher: Springer Nature
Release Date : 2019-11-23

Deference To The Administration In Judicial Review written by Guobin Zhu and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-11-23 with Law categories.


This book investigates judicial deference to the administration in judicial review, a concept and legal practice that can be found to a greater or lesser degree in every constitutional system. In each system, deference functions differently, because the positioning of the judiciary with regard to the separation of powers, the role of the courts as a mechanism of checks and balances, and the scope of judicial review differ. In addition, the way deference works within the constitutional system itself is complex, multi-faceted and often covert. Although judicial deference to the administration is a topical theme in comparative administrative law, a general examination of national systems is still lacking. As such, a theoretical and empirical review is called for. Accordingly, this book presents national reports from 15 jurisdictions, ranging from Argentina, Canada and the US, to the EU. Constituting the outcome of the 20th General Congress of the International Academy of Comparative Law, held in Fukuoka, Japan in July 2018, it offers a valuable and unique resource for the study of comparative administrative law.