European Parliament Library

Executive decision-making and the courts, revisiting the origins of modern judicial review, edited by T.T. Arvind [and three others]

Summary
"In this book leading experts from across the common law world assess the impact of three seminal House of Lords' judgments; Padfield v Minister of Agriculture; Conway v Rimmer; and Anisminic v Foreign Compensation Commission, all of which were decided in 1968. Together with Ridge v Baldwin decided five years earlier, this 'Quartet' has been widely taken to have marked a turning point in the development of court-centred administrative law, leading directly to the emergence of modern judicial review. These cases are examined in order to interrogate not only the courts' role in the protection of individual rights and interests against executive over-reach, but also the broader question of the contribution the judiciary can make to developing and maintaining good government in the United Kingdom. By doing so, the book sheds new light on both the complex processes through which the modern system of judicial review emerged, and the normative and constitutional choices that are implicit in its jurisprudence. It further reflects upon the choices made and their implications for how the achievements, failings, and limitations of the common law in reviewing actions of the executive can be evaluated"--, Provided by publisher
Table Of Contents
Introduction : judicial review and the quartet / T.T. Arvind, Richard Kirkham, Daithí Mac Síthigh and Lindsay Stirton -- Lord Reid : the judge as law maker? / Robert Reed, Lord Reed of Allermuir -- Ridge v Baldwin : executive and judicial approaches to administrative law before and during the quartet years / Robert Thomas -- Judges and parliamentary democracy : the lessons of Padfield v Ministry of Agriculture, fisheries, and food / Maurice Sunkin -- Legitimacy and the courts : the forgotten story of Conway v Rimmer / T.T. Arvind and Lindsay Stirton -- Anisminic in retrospect / David Feldman -- Plus ça change? an empirical analysis of judicial review in modern administrative law / Sarah Nason -- The reawakening of common law rights : are they still 'suitable for the winning of freedom in the new age'? / Paul Bowen QC -- Beyond the end of ouster clause history? / Joe Tomlinson -- Administrative law and the administrative court for-or in-Wales / David C Gardner -- The rule of law against judicial review? the quartet in Scots administrative law / Paul F Scott -- The quartet plus Two : judicial review in Northern Ireland / Gordon Anthony -- Israeli administrative law and the quartet-one step ahead / Daphne Barak-Erez -- Importation and indigeneity : the quartet in New Zealand administrative law / Dean R. Knight -- The quarter in the new Commonwealth / Peter Cane -- The quartet cases compared / Stephen Bailey -- 'Judicial power' and political power : reflections in light of the quartet / Alexander Latham-Gambirefl -- Strategic judging : lessons from the Reid era of judicial decision-making / Richard Kirkham and Dimitrios Tsarapatsanis -- The real argument about judicial review / T.T. Arvind, Richard Kirkham, Daithí Mac Síthigh and Lindsay Stirton
Language
eng
Literary Form
non fiction
Copyright
Edition
First edition.
Physical Description
1 online resource (576 pages).
Specific Material Designation
remote
Form Of Item
online
Isbn
9781509930357

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