Non-Statutory Executive Powers and Judicial Review
$125.00 USD
Part of Cambridge Studies in Constitutional Law
- Author: Jason Grant Allen, Humboldt-Universität zu Berlin
- Date Published: August 2022
- availability: This ISBN is for an eBook version which is distributed on our behalf by a third party.
- format: Adobe eBook Reader
- isbn: 9781009037761
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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.
Read more- Examines the judicial supervision of non-statutory executive powers for the first time in English law, providing the first direct explanation of an increasingly important aspect of the public law supervisory jurisdiction
- Proposes a unified concept of 'non-statutory executive powers' that embraces both 'prerogative-type' and 'third source-type' powers in the British and Anglo-Commonwealth jurisdictions
- Suggests a promising new theory of judicial review based on the concept of office and official action, namely a common law ultra vires theory, bypassing the 'ultra vires debate' stalemate and offering a unified theory of judicial review applicable to all kinds of executive power, including statutory and non-statutory
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×Product details
- Date Published: August 2022
- format: Adobe eBook Reader
- isbn: 9781009037761
- availability: This ISBN is for an eBook version which is distributed on our behalf by a third party.
Table of Contents
1. Introduction
2. Official action beyond statute
3. The 'third source' in the courts
4. A unified category of 'non-statutory executive powers'
5. The crown as corporation
6. Public law as the law of public offices
7. Office in action
8. Approaching judicial review
9. Competence, conduct, and validity
10. Moving beyond the ultra vires debate
11. The common law theory of ultra vires
12. The borders of the supervisory jurisdiction
13. The normative foundations of judicial review.
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