000 01862nam a22001931c 4500
005 20220507115603.0
008 140929s2001 enka ob 001 0 eng d
020 _a9781472559043
040 _aMAIN
100 1 _aElliott, Mark,
245 1 4 _aThe constitutional foundations of judicial review
_h[electronic resource] /
_cMark Elliott.
300 _a1 online resource (xxxii, 260 pages) :
_billustrations
500 _aBloomsbury Pub Ebook
504 _aIncludes bibliographical references and index
520 8 _aRecent 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
650 0 _aJudicial review of administrative acts
856 4 0 _uhttps://doi.org/10.5040/9781472559043?locatt=label:secondary_bloomsburyCollections
942 _cEBK
999 _c17387
_d17387