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Intention, Supremacy and the Theories of Judicial Review

Intention, Supremacy and the Theories of Judicial Review

Name: Intention, Supremacy and the Theories of Judicial Review
Brand: Routledge
SKU: 9781138856011
Price: 2017.60 HKD
Availability: InStock
Author: John McGarry
ISBN: 9781138856011

By John McGarry

Routledge August 2016

Specifications

ISBN-13: 9781138856011
Publisher: Routledge
Publication: August 2016
Format: Hardback
Jurisdiction: U.K. ? Countri(es) for reference only

Also available as

Paperback

Details

In the late 1980s, a vigorous debate began about how we may best justify, in constitutional terms, the English courts’ power 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.

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This book critically analyses the ultra vires and common law theory and argues that neither offers a suitable explanation for the courts’ judicial review jurisdiction.

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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.

Introduction

Part I: The Current Theories of Judicial Review

1. The Ultra Vies Theory and the Common Law Theory of Judicial Review

2. Themes of the Debate

3. Theory and Practice of Judicial Review

Part II: An Alternative Theory

4. The Principle of Parliamentary Supremacy

5. The Constitutional Legitimacy of Judicial Review

Conclusion

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