Judicial Review and the Constitution

By: Christopher Forsyth (Editor)

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Hardcover | 1 May 2000 | Edition Number 1

At a Glance

Hardcover
480 Pages

Dimensions(cm)
3.2 x 16.3 x 24.1

Hardcover

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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 âultra viresâ 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 âlegislative intentionâ and âjudicial creativityâ 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.

âConfucius 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 peopleâ.

(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.

Industry 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." --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." --Law Quarterly Review

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