Intention, Supremacy and the Theories of Judicial Review

Nonfiction, Reference & Language, Law, Administrative Law & Regulatory Practice
Cover of the book Intention, Supremacy and the Theories of Judicial Review by John McGarry, Taylor and Francis
View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart
Author: John McGarry ISBN: 9781317517597
Publisher: Taylor and Francis Publication: July 28, 2016
Imprint: Routledge Language: English
Author: John McGarry
ISBN: 9781317517597
Publisher: Taylor and Francis
Publication: July 28, 2016
Imprint: Routledge
Language: English

In the late 1980s, a vigorous debate began about how we may best justify, in constitutional terms, the English courts’ jurisdiction to judicially review the exercise of public power derived from an Act of Parliament. Two rival theories emerged in this debate, the ultra vires theory and the common law theory. The debate between the supporters of these two theories has never satisfactorily been resolved and has been criticised as being futile. Yet, the debate raises some fundamental questions about the constitution of the United Kingdom, particularly: the relationship between Parliament and the courts; the nature of parliamentary supremacy in the contemporary constitution; and the possibility and validity of relying on legislative intent.

This book critically analyses the ultra vires and common law theories and argues that neither offers a convincing explanation for the courts’ judicial review jurisdiction. Instead, the author puts forward the theory that parliamentary supremacy – and, in turn, the relationship between Parliament and the courts – is not absolute and does not operate in a hard and fast way but, rather, functions in a more flexible way and that the courts will balance particular Acts of Parliament against competing statutes or principles. McGarry argues that this new conception of parliamentary supremacy leads to an alternative theory of judicial review which significantly differs from both the ultra vires and common law theories.

This book will be of great interest to students and scholars of UK public law.

View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart

In the late 1980s, a vigorous debate began about how we may best justify, in constitutional terms, the English courts’ jurisdiction to judicially review the exercise of public power derived from an Act of Parliament. Two rival theories emerged in this debate, the ultra vires theory and the common law theory. The debate between the supporters of these two theories has never satisfactorily been resolved and has been criticised as being futile. Yet, the debate raises some fundamental questions about the constitution of the United Kingdom, particularly: the relationship between Parliament and the courts; the nature of parliamentary supremacy in the contemporary constitution; and the possibility and validity of relying on legislative intent.

This book critically analyses the ultra vires and common law theories and argues that neither offers a convincing explanation for the courts’ judicial review jurisdiction. Instead, the author puts forward the theory that parliamentary supremacy – and, in turn, the relationship between Parliament and the courts – is not absolute and does not operate in a hard and fast way but, rather, functions in a more flexible way and that the courts will balance particular Acts of Parliament against competing statutes or principles. McGarry argues that this new conception of parliamentary supremacy leads to an alternative theory of judicial review which significantly differs from both the ultra vires and common law theories.

This book will be of great interest to students and scholars of UK public law.

More books from Taylor and Francis

Cover of the book Mark E. Smith and The Fall: Art, Music and Politics by John McGarry
Cover of the book Kant's Solution for Verification in Metaphysics by John McGarry
Cover of the book Stabilization and Structural Adjustment in Poland by John McGarry
Cover of the book Politics and the Internet in Comparative Context by John McGarry
Cover of the book Europe's Green Revolution and its Successors by John McGarry
Cover of the book Consumer Education (RLE Consumer Behaviour) by John McGarry
Cover of the book The Chameleon Consultant: Culturally Intelligent Consultancy by John McGarry
Cover of the book Rethinking International Skilled Migration by John McGarry
Cover of the book The Garland Encyclopedia of World Music by John McGarry
Cover of the book The Evaluator's Cookbook by John McGarry
Cover of the book The Postcolonial Question by John McGarry
Cover of the book Symptom, Symbol, and the Other of Language by John McGarry
Cover of the book Tongzhi by John McGarry
Cover of the book Business Law by John McGarry
Cover of the book The Power to Manage? by John McGarry
We use our own "cookies" and third party cookies to improve services and to see statistical information. By using this website, you agree to our Privacy Policy