The first in-depth treatment of the judicial review of non-statutory executive powers challenges the conventional wisdom on both the rationale and doctrines of judicial review, suggesting a return to neglected concepts, including the idea of office and official action. A must-read for students, practitioners, and scholars of public law.
The first in-depth treatment of the judicial review of non-statutory executive powers challenges the conventional wisdom on both the rationale and doctrines of judicial review, suggesting a return to neglected concepts, including the idea of office and official action. A must-read for students, practitioners, and scholars of public law.
J. G. Allen is a Senior Research Fellow at the Humboldt University in Berlin. He read law at the University of Tasmania, the Universität Augsburg, and the University of Cambridge. He has been an Australian Postgraduate Awardee, a DAAD Scholar, a Poynton Scholar, and an Alexander von Humboldt Foundation Postdoctoral Fellow.
Inhaltsangabe
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.
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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