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8 - Approaching Judicial Review

Published online by Cambridge University Press:  18 August 2022

Jason Grant Allen
Affiliation:
Humboldt-Universität zu Berlin
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Summary

This chapter explores the different ways of approaching judicial review, and makes some initial criticisms of the historical ‘ultra vires debate’ of the 1990s and 2000s. It argues for a return to the concept of jurisdiction (and jurisdictional error) as a central category of the law, and for a focus on non-statutory executive powers as a primary case for and from which to build a theory of the supervisory jurisdiction. While legislative intention is important, wherever it is relevant, it is not relevant where the official powers in question obviously derive from rules of competence outside of legislation. Further, common law rules of conduct are always central to judicial review in the context of statutory grants of power. This insight is conducive to a simpler and more powerful conception of judicial review based around a common law doctrine of ultra vires.

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Publisher: Cambridge University Press
Print publication year: 2022

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  • Approaching Judicial Review
  • Jason Grant Allen, Humboldt-Universität zu Berlin
  • Book: Non-Statutory Executive Powers and Judicial Review
  • Online publication: 18 August 2022
  • Chapter DOI: https://doi.org/10.1017/9781009039321.008
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  • Approaching Judicial Review
  • Jason Grant Allen, Humboldt-Universität zu Berlin
  • Book: Non-Statutory Executive Powers and Judicial Review
  • Online publication: 18 August 2022
  • Chapter DOI: https://doi.org/10.1017/9781009039321.008
Available formats
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Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Approaching Judicial Review
  • Jason Grant Allen, Humboldt-Universität zu Berlin
  • Book: Non-Statutory Executive Powers and Judicial Review
  • Online publication: 18 August 2022
  • Chapter DOI: https://doi.org/10.1017/9781009039321.008
Available formats
×