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Executive Decision-Making and the Courts: Revisiting the Origins of Modern Judicial Review

Executive Decision-Making and the Courts: Revisiting the Origins of Modern Judicial Review

Author: T.T. Arvind; Richard Kirkham; Daithí Síthigh, Mac; Lindsay Stirton
Publisher: Hart Publishing
ISBN: 9781509930333

Published In: February 2021
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Paperback Edition ISBN: 9781509944774

List Price: HKD 1,300.00

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Description
Contents

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In this book, leading experts from across the common law world assess the impact of four seminal House of Lords judgments decided in the 1960s: Ridge v Baldwin, Padfeld v Minister of Agriculture, Conway v Rimmer, and Anisminic v Foreign Compensation Commission. The 'Quartet' is generally acknowledged to have marked a turning point in the development of court-centred administrative law, and can be understood as a 'formative moment' in the emergence of modern judicial review.

These cases are examined not only in terms of the points each case decided, and their contribution to administrative law doctrine, but also in terms of the underlying conception of the tasks of administrative law implicit in the Quartet. By doing so, the book sheds new light on both the complex processes through which the modern system of judicial review emerged and the constitutional choices that are implicit in its jurisprudence. It further reflects upon the implications of these historical processes for how the achievements, failings and limitations of the common law in reviewing actions of the executive can be evaluated.

Part I: Setting the scene

1. Introduction: Judicial review and the Quartet

TT Arvind, Richard Kirkham, Daithí Mac Síthigh, and Lindsay Stirton

2. Lord Reid: The Judge as Law Maker?

Robert Reed, Lord Reed of Allermuir

Part II: The Quartet in Context

3. Ridge v Baldwin: executive and judicial approaches to administrative law before and during the Quartet years

Robert Thomas

4. Judges and Parliamentary Democracy: the lessons of Padfield v Ministry of Agriculture, Fisheries and Food

Maurice Sunkin

5. Legitimacy and the courts: The forgotten story of Conway v Rimmer

TT Arvind and Lindsay Stirton