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Executive Decision-Making and the Courts

Revisiting the Origins of Modern Judicial Review

Editor(s): TT Arvind, Richard Kirkham, Daithí Mac Síthigh, Lindsay Stirton
Media of Executive Decision-Making and the Courts
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Published: 11-02-2021
Format: Hardback
Edition: 1st
Extent: 576
ISBN: 9781509930333
Imprint: Hart Publishing
Dimensions: 234 x 156 mm
RRP: £85.00
Online price : £76.50
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Loren Epson

About Executive Decision-Making and the Courts

In this book leading experts from across the common law world assess the impact of three seminal House of Lords' judgements; Padfield v Minister of Agriculture; Conway v Rimmer; and Anisminic v Foreign Compensation Commission, all of which were decided in 1968. Together with Ridge v Baldwin decided five years earlier, this 'Quartet' has been widely taken to have marked a turning point in the development of court-centred administrative law, leading directly to the emergence of modern judicial review.

These cases are examined in order to interrogate not only the courts' role in the protection of individual rights and interests against executive over-reach, but also the broader question of the contribution the judiciary can make to developing and maintaining good government in the United Kingdom. By doing so, the book sheds new light on both the complex processes through which the modern system of judicial review emerged, and the normative and constitutional choices that are implicit in its jurisprudence. It further reflects upon the choices made and their implications for how the achievements, failings, and limitations of the common law in reviewing actions of the executive can be evaluated.

Table Of Contents

Interim Table of Contents
Part I: Setting the scene
1. Introduction: Judicial review and the Quartet
TT Arvind, Richard Kirkham, Daithí Mac Síthigh, and Lindsay Stirton
2. Lord Reid: The Judge as Law Maker?
Robert Reed, Lord Reed of Allermuir

Part II: The Quartet in Context
3. Ridge v Baldwin: executive and judicial approaches to administrative law before and during the Quartet years
Robert Thomas
4. Judges and Parliamentary Democracy: the lessons of Padfield v Ministry of Agriculture, Fisheries and Food
Maurice Sunkin
5. Legitimacy and the courts: The forgotten story of Conway v Rimmer
TT Arvind and Lindsay Stirton
6. Anisminic in retrospect
David Feldman

Part III: The Legacy of the Quartet
7. Plus ça Change: An Empirical Analysis of Judicial Review in Modern Administrative Law
Sarah Nason
8. The re-awakening of common law rights: are they still 'suitable for the winning of freedom in the new age'?
Paul Bowen
9. Beyond the end of ouster clause history?
Joe Tomlinson

Part IV: The Quartet Outside England
10. Administrative Law and the Administrative Court for, or should that be in, Wales
David Gardner
11. The Rule of Law against Judicial Review? The Quartet in Scots Administrative Law
Paul Scott
12. The Quartet Plus Two: Judicial Review in Northern Ireland
Gordon Anthony

Part V: Comparative Perspectives on the Quartet
13. Israeli Administrative Law and the Quartet – One Step Ahead
Daphne Barak-Erez
14. Importation and Indigeneity: the Quartet in New Zealand Administrative Law
Dean Knight
15. The Quartet in the New Commonwealth
Peter Cane

Part VI: The Quartet in theory, practice and history
16. The Quartet Cases Compared
Stephen Bailey
17. 'Judicial Power' and Political Power: reflections in light of the Quartet
Alex Latham-Gambi
18. Strategic judging: lessons from the Reid era of judicial decision-making
Richard Kirkham and Dimitrios Tsarapatsanis

Part VII: Conclusion
19. The real argument about judicial review
TT Arvind, Richard Kirkham, Daithí Mac Síthigh, and Lindsay Stirton

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