Non-statutory executive powers and judicial review
Author(s)
Bibliographic Information
Non-statutory executive powers and judicial review
(Cambridge studies in constitutional law)
Cambridge University Press, 2022
- : hbk
Available at 5 libraries
  Aomori
  Iwate
  Miyagi
  Akita
  Yamagata
  Fukushima
  Ibaraki
  Tochigi
  Gunma
  Saitama
  Chiba
  Tokyo
  Kanagawa
  Niigata
  Toyama
  Ishikawa
  Fukui
  Yamanashi
  Nagano
  Gifu
  Shizuoka
  Aichi
  Mie
  Shiga
  Kyoto
  Osaka
  Hyogo
  Nara
  Wakayama
  Tottori
  Shimane
  Okayama
  Hiroshima
  Yamaguchi
  Tokushima
  Kagawa
  Ehime
  Kochi
  Fukuoka
  Saga
  Nagasaki
  Kumamoto
  Oita
  Miyazaki
  Kagoshima
  Okinawa
  Korea
  China
  Thailand
  United Kingdom
  Germany
  Switzerland
  France
  Belgium
  Netherlands
  Sweden
  Norway
  United States of America
Note
Includes index
Description and Table of Contents
Description
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.
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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