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The Constitutional Foundations of Judicial Review (Hardcover)
Loot Price: R3,278
Discovery Miles 32 780
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The Constitutional Foundations of Judicial Review (Hardcover)
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Recent 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.
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