Intention, Supremacy and the Theories of Judicial Review

Intention, Supremacy and the Theories of Judicial Review
Author :
Publisher : Routledge
Total Pages : 148
Release :
ISBN-10 : 9781317517603
ISBN-13 : 1317517601
Rating : 4/5 (03 Downloads)

Book Synopsis Intention, Supremacy and the Theories of Judicial Review by : John McGarry

Download or read book Intention, Supremacy and the Theories of Judicial Review written by John McGarry and published by Routledge. This book was released on 2016-07-28 with total page 148 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.


Intention, Supremacy and the Theories of Judicial Review Related Books

Intention, Supremacy and the Theories of Judicial Review
Language: en
Pages: 148
Authors: John McGarry
Categories: Law
Type: BOOK - Published: 2016-07-28 - Publisher: Routledge

DOWNLOAD EBOOK

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 e
Intention, Supremacy and the Theories of Judicial Review
Language: en
Pages: 147
Authors: John McGarry (Law teacher)
Categories: Law
Type: BOOK - Published: 2017 - Publisher:

DOWNLOAD EBOOK

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 exer
The Supreme Court and Constitutional Democracy
Language: en
Pages: 184
Authors: John Agresto
Categories: Law
Type: BOOK - Published: 2016-10-15 - Publisher: Cornell University Press

DOWNLOAD EBOOK

In The Supreme Court and Constitutional Democracy John Agresto traces the development of American judicial power, paying close attention to what he views as the
The Constitutional Foundations of Judicial Review
Language: en
Pages: 293
Authors: Mark Elliott
Categories: Law
Type: BOOK - Published: 2001-03 - Publisher: Hart Publishing

DOWNLOAD EBOOK

This book comprehensively analyses the foundations of judicial review.
Constitutional Dialogue
Language: en
Pages: 487
Authors: Geoffrey Sigalet
Categories: Law
Type: BOOK - Published: 2019-05-02 - Publisher: Cambridge University Press

DOWNLOAD EBOOK

Identifies how and why 'dialogue' can describe and evaluate institutional interactions over constitutional questions concerning democracy and rights.