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Judicial Review and the Constitution (Hardcover)
Loot Price: R3,971
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Judicial Review and the Constitution (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 '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) 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.
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