Non-statutory executive powers and judicial review
Publication Type
Book
Publication Date
8-2022
Abstract
That non-statutory executive powers are subject to judicial review is beyond doubt. But current judicial practice challenges prevailing theories of judicial review and raises a host of questions about the nature of official power and action. This is particularly the case for official powers not associated with the Royal Prerogative, which have been argued to comprise a “third source” of governmental authority. Looking at non-statutory powers directly, rather than incidentally, stirs up the intense but ultimately inconclusive debate about the conceptual basis of judicial review in English law. This provocative book argues that modern judges and scholars have neglected the very concepts necessary to understand the supervisory jurisdiction and that the law has become more complex than it needs to be. If we start from the concept of office and official action, rather than grand ideas about parliamentary sovereignty and the courts, the central questions answer themselves.
Discipline
Administrative Law | Public Law and Legal Theory
Research Areas
Legal Theory, Ethics and Legal Education; Public Law
ISBN
9781009039321
Identifier
10.1017/9781009039321
Publisher
Cambridge University Press
City or Country
Cambridge
Citation
ALLEN, J.G..
Non-statutory executive powers and judicial review. (2022).
Available at: https://ink.library.smu.edu.sg/sol_research/4022
Additional URL
https://doi.org/10.1017/9781009039321