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3 - History (II): Judiciary

from Part I - Historical Development of Parliamentary Public Finance

Published online by Cambridge University Press:  16 September 2020

Will Bateman
Affiliation:
Australian National University, Canberra
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Summary

This chapter provides an historical analysis of the UK judiciary's limited role in central government public finance throughout the eighteenth and nineteenth centuries. Tax litigation represented the high point of judicial involvement in public finance, but judges' hostility to fiscal legislation did little to bolster Parliament's revenue-raising interests. Mid-nineteenth century explorations with judicial review of appropriation legislation never became a settled practice and the judiciary imposed no discernible constraints on the legal limits of public borrowing (by the Treasury) or lending (by the Bank of England). By the conclusion of the nineteenth century, it was clear that the common law judiciary would not have a prominent role in the model of parliamentary public finance which was exported throughout the common law world. Various celebrated and important cases are critiqued, including: Auckland Harbour Board v The King; Bowles v Bank of England; the Bankers' Case; and The Queen v The Lords Commissioners of the Treasury.

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Publisher: Cambridge University Press
Print publication year: 2020

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  • History (II): Judiciary
  • Will Bateman, Australian National University, Canberra
  • Book: Public Finance and Parliamentary Constitutionalism
  • Online publication: 16 September 2020
  • Chapter DOI: https://doi.org/10.1017/9781108784283.004
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  • History (II): Judiciary
  • Will Bateman, Australian National University, Canberra
  • Book: Public Finance and Parliamentary Constitutionalism
  • Online publication: 16 September 2020
  • Chapter DOI: https://doi.org/10.1017/9781108784283.004
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.

  • History (II): Judiciary
  • Will Bateman, Australian National University, Canberra
  • Book: Public Finance and Parliamentary Constitutionalism
  • Online publication: 16 September 2020
  • Chapter DOI: https://doi.org/10.1017/9781108784283.004
Available formats
×