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)ContributorsNick 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.

ISBN 1841131059   Pages 480 ISBN13 9781841131054 (What's this?)   Volumes 1 Publisher Hart Publishing   Weight (grammes) 851 Imprint Hart Publishing   Published in Oxford Format Hardback   Height (mm) 234 Publication date 01 May 2000   Width (mm) 156 Library of Congress 00344661   Spine width (mm) 26 DEWEY 342.02   Academic level Undergraduate, Postgraduate, Professional / Scholarly DEWEY edition DC21

		Acknowledgements
		List of Contributors
		List of Participants
		Table of Cases
		Table of Legislation
1		Is the Ultra Vires Rule the Basis of Judicial Review? by Dawn Oliver		3
2		Of Fig Leaves and Fairy Tales: The Ultra Vires Doctrine, the Sovereignty of Parliament and Judicial Review by Christopher Forsyth		29
3		Ultra Vires and the Foundations of Judicial Review by Paul Craig		47
4		Illegality: The Problem of Jurisdiction		73
5		The Ultra Vires Doctrine in a Constitutional Setting: Still the Central Principle of Administrative Law by Mark Elliott		83
6		Ultra Vires and Institutional Interdependence by Nicholas Bamforth		111
7		Form and Substance in the Rule of Law: A Democratic Justification for Judicial Review by David Dyzenhaus		141
8		Judicial Review and the Meaning of Law		173
9		The Foundations of Review, Devolved Power and Delegated Power by Brigid Hadfield		191
10		The Courts, Devolution and Judicial Review by Paul Craig and Mark Walters		213
11		Convention Rights and Substantive Ultra Vires by David Feldman		245
12		Fundamental Rights as Interpretative Constructs: The Constitutional by Mark Elliott		269
13		Public Power and Private Power		291
14		Review of (Non-Statutory) Discretions by Dawn Oliver		307
15		Of Vires and Vacuums: The Constitutional Context of Judicial Review by Jeffrey Jowell		327
16		Legislative Intention Versus Judicial Creativity? Administrative Law as a Co-operative Endeavour by Mark Elliott		341
17		Competing Models of Judicial Review by Paul Craig		373
		More...

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. BarberOxford Journal of Legal StudiesJune 2002Within the public law field, this book will (deservedly) prove among the foremost influences on the next generation of legal scholarship.Ian Loveland, City UniversityLaw Quarterly ReviewFebruary 2003

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