Executive Decision-Making and the Courts
Revisiting the Origins of Modern Judicial Review
TT Arvind editor Richard Kirkham editor Daithí Mac Síthigh editor Lindsay Stirton editor
Format:Paperback
Publisher:Bloomsbury Publishing PLC
Published:20th Oct '22
Currently unavailable, and unfortunately no date known when it will be back
In this book experts assess the impact of four leading judgments decided half a century ago, which led to the development of modern administrative law.
In this book, leading experts from across the common law world assess the impact of four seminal House of Lords judgments decided in the 1960s: Ridge v Baldwin, Padfeld v Minister of Agriculture,Conway v Rimmer, and Anisminic v Foreign Compensation Commission. The ‘Quartet’ is generally acknowledged to have marked a turning point in the development of court-centred administrative law, and can be understood as a 'formative moment' in the emergence of modern judicial review.
These cases are examined not only in terms of the points each case decided, and their contribution to administrative law doctrine, but also in terms of the underlying conception of the tasks of administrative law implicit in the Quartet. By doing so, the book sheds new light on both the complex processes through which the modern system of judicial review emerged and the constitutional choices that are implicit in its jurisprudence. It further reflects upon the implications of these historical processes for how the achievements, failings and limitations of the common law in reviewing actions of the executive can be evaluated.
The essays make fascinating reading for anyone concerned with the constitutional relations between the legislature, executive and judiciary, and the vexed question as to whether judges are too deferential to the assessments of the executive or improperly arrogating decision-making to themselves contrary to the wishes of Parliament. -- Sir Nicholas Blake * Commonwealth Judicial Journal *
ISBN: 9781509944774
Dimensions: unknown
Weight: unknown
576 pages