The constitutional foundations of judicial review /
General Material Designation
[Book]
First Statement of Responsibility
Mark Elliott.
.PUBLICATION, DISTRIBUTION, ETC
Place of Publication, Distribution, etc.
Portland, Or. :
Name of Publisher, Distributor, etc.
Hart Pub.,
Date of Publication, Distribution, etc.
2001.
PHYSICAL DESCRIPTION
Specific Material Designation and Extent of Item
1 online resource (xxxii, 260 pages) :
Other Physical Details
illustrations
INTERNAL BIBLIOGRAPHIES/INDEXES NOTE
Text of Note
Includes bibliographical references and index.
CONTENTS NOTE
Text of Note
Preliminaries; Contents; Table of Cases; Table of Legislation; Glossary; 1 Justifying Judicial Review; 2 The Traditional Ultra Vires Principle; 3 Legislative Frameworks and the Control of Discretionary Power; 4 The Modified Ultra Vires Principle; 5 Beyond the Logical Boundary? Judicial Review of Non-Statutory Power; 6 Judicial Review and Human Rights; 7 The Constitutional Foundations of Judicial Review; Index.
0
SUMMARY OR ABSTRACT
Text of Note
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.
SYSTEM REQUIREMENTS NOTE (ELECTRONIC RESOURCES)
Text of Note
Master and use copy. Digital master created according to Benchmark for Faithful Digital Reproductions of Monographs and Serials, Version 1. Digital Library Federation, December 2002.
ACQUISITION INFORMATION NOTE
Source for Acquisition/Subscription Address
codeMantra
Stock Number
9781847310514
OTHER EDITION IN ANOTHER MEDIUM
Title
Constitutional foundations of judicial review.
International Standard Book Number
9781841131801
TOPICAL NAME USED AS SUBJECT
Judicial review of administrative acts-- Great Britain.