Book contents
- Non-Statutory Executive Powers and Judicial Review
- Cambridge Studies in Constitutional Law
- Non-Statutory Executive Powers and Judicial Review
- Copyright page
- Dedication
- Contents
- Acknowledgements
- Table of Cases
- 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
- Index
5 - The Crown as Corporation
Published online by Cambridge University Press: 18 August 2022
- Non-Statutory Executive Powers and Judicial Review
- Cambridge Studies in Constitutional Law
- Non-Statutory Executive Powers and Judicial Review
- Copyright page
- Dedication
- Contents
- Acknowledgements
- Table of Cases
- 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
- Index
Summary
This chapter provides an account of the Crown and its officials (and the relationship between them). This is the first of three chapters that provide fundamental building blocks for the judicial review of non-statutory executive powers. The Crown is an ambiguous term, which can specify the Queen, HM Government, and even the organised political community ('commonwealth') as a whole. Working through these ambiguities is essential in order to describe who is being reviewed (and why), and this entails working through some long-standing questions about the Crown's legal personality and relation to the person who is Monarch. Rejecting the idea that the Crown is a natural person (ostensibly because the Queen is a natural person) is the first step that leads, logically, to a theory of judicial review via a theory of office,official empowerment, and action in an official capacity.
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- Non-Statutory Executive Powers and Judicial Review , pp. 79 - 113Publisher: Cambridge University PressPrint publication year: 2022