Reconstructing Judicial Review

Author: Sarah Nason
Publisher: Hart Publishing
ISBN: 9781509928828
Published In: June 2019
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

Details

This book offers a new interpretation of judicial review in England and Wales that is developed both from examining the functions and values that ought to be served by judicial review, and from analysis of empirical 'social' facts about judicial review primarily as experienced in the Administrative Court.

Based on ground-up case law analysis it constructs a new taxonomy of the grounds of judicial review: mistake, procedural impropriety, ordinary common law statutory interpretation, discretionary impropriety relevant/irrelevant considerations, breach of an ECHR protected right orequality duty, and constitutional allocation of powers, constitutional rights, or other complex constitution principles.

It explains each of these grounds, what academic and judicial support there might be for them outside case law analysis, and their similarities and differences when viewed against popular existing taxonomies.

It concludes that Administrative Court judges are engaged in ordinary common law statutory interpretation in approximately half of all cases, and that where discretionary judgment is involved on the part of the initial decision-maker, judges do indeed consider their task to be one of determining whether the challenged decision was justified by reasoning of adequate quality.

It finds that judges apply ordinary common law principles of statutory interpretation with historical pedigrees; including assessing the initial decision-maker's reasoning with reference to statutory purpose, and sifting relevant from irrelevant considerations, including moral considerations.

The result is a ground-breaking reassessment of the grounds of judicial review in England and Wales and the practice of the Administrative Court.
1. Introduction: Reconstructing Judicial Review
2. The Dual Nature of Law and the Methodology of this Study: Constructive Interpretation
3. Judicial Review and Values
4. An Operative Interpretation of Judicial Review: Social Practice and the Administrative Court's Caseload
5. An Operative Interpretation of Judicial Review: Community Justice
6. An Operative Taxonomy of Grounds of Review: Part One
7. An Operative Taxonomy of Grounds of Review: Part Two
8. A Target Interpretation of Judicial Review and Judicial Rationality
9. Judicial Review for the Advancement of Justice and Good Governance