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Judicial Review and the Constitution

Editor(s): Christopher Forsyth
Media of Judicial Review and the Constitution
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Published: 01-05-2000
Format: PDF eBook (?)
Edition: 1st
Extent: 480
ISBN: 9781847311870
Imprint: Hart Publishing
RRP: £81.00
Online price : £64.80
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About Judicial Review and the Constitution

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.

Table Of Contents

PART I THE DEBATE BEGINS

1. Is the Ultra Vires Rule the Basis of Judicial Review?
Professor Dawn Oliver

2. Of Fig Leaves and Fairy Tales: The Ultra Vires Doctrine, the Sovereignty of Parliament and Judicial Review
Christopher Forsyth

3. Ultra Vires and the Foundations of Judicial Review
Professor Paul Craig

4. Illegality: The Problem of Jurisdiction
Lord Justice Laws

5. The Ultra Vires Doctrine in a Constitutional Setting: Still the Central Principle of Administrative Law
Mark Elliott

PART II THE JURISPRUDENTIAL DEBATE

6. Ultra Vires and Institutional Interdependence
Nicholas Bamforth

7. Form and Substance in the Rule of Law: A Democratic Justification for Judicial Review
Professor David Dyzenhaus

8. Judicial Review and the Meaning of Law
Lord Justice Laws

PART III CONSTITUTIONAL REFORM AND THE FOUNDATIONS OF JUDICIAL REVIEW

9. The Foundations of Review, Devolved Power and Delegated Power
Professor Brigid Hadfield

10. The Courts, Devolution and Judicial Review
Professor Paul Craig

11. Convention Rights and Substantive Ultra Vires
Professor David Feldman

12. Fundamental Rights as Interpretative Constructs: The Constitutional
Mark Elliott

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

“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

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