Vigilance and Restraint in the Common Law of Judicial Review

Vigilance and Restraint in the Common Law of Judicial Review
Author: Dean R. Knight
Publisher: Cambridge University Press
Total Pages: 309
Release: 2018-04-19
Genre: Law
ISBN: 1108119107

The mediation of the balance between vigilance and restraint is a fundamental feature of judicial review of administrative action in the Anglo-Commonwealth. This balance is realised through the modulation of the depth of scrutiny when reviewing the decisions of ministers, public bodies and officials. While variability is ubiquitous, it takes different shapes and forms. Dean R. Knight explores the main shapes and forms employed in judicial review in England, Canada, Australia and New Zealand over the last fifty years. Four schemata are drawn from the case law and taken back to conceptual foundations, exposing their commonality and differences, and each approach is evaluated. This detailed methodology provides a sound basis for decisions and debates about how variability should be brought to individual cases and will be of great value to legal scholars, judges and practitioners interested in judicial review.

Judicial Review and the Law of the Constitution

Judicial Review and the Law of the Constitution
Author: Sylvia Snowiss
Publisher: Yale University Press
Total Pages: 252
Release: 1990-01-01
Genre: Law
ISBN: 9780300046656

In this book, the author presents a new interpretation of the origin of judicial review. She traces the development of judicial review from American independence through the tenure of John Marshall as Chief Justice, showing that Marshall's role was far more innovative and decisive than has yet been recognized. According to the author all support for judicial review before Marshall contemplated a fundamentally different practice from that which we know today. Marshall did not simply reinforce or extend ideas already accepted but, in superficially minor and disguised ways, effected a radical transformation in the nature of the constitution and the judicial relationship to it.

The Doctrine of Judicial Review

The Doctrine of Judicial Review
Author: Edward Samuel Corwin
Publisher: The Lawbook Exchange, Ltd.
Total Pages: 190
Release: 2010-11
Genre: Constitutional history
ISBN: 1584770112

Five essays examine the concept of "judicial review" from a historical perspective. The term is defined as the power and duty of a court to disregard ultra vires legislative acts.

Judicial Review and the Constitution

Judicial Review and the Constitution
Author: Christopher Forsyth
Publisher: Hart Publishing
Total Pages: 480
Release: 2000-08-04
Genre: Law
ISBN: 1841131059

Contains papers and comments from the conference on the Foundations of Judicial Review, held in Cambridge, England, May 22, 1999, and some previously published papers.

Judicial Review of Administrative Action

Judicial Review of Administrative Action
Author: Swati Jhaveri
Publisher: Cambridge University Press
Total Pages: 447
Release: 2021-03-18
Genre: Law
ISBN: 1108481574

Explores the English origins of the principles of judicial review in common law jurisdictions and autochthonous pressures for their adaptation.

The Common Law, Shared Power and Judicial Review

The Common Law, Shared Power and Judicial Review
Author: Paul P. Craig
Publisher:
Total Pages:
Release: 2010
Genre:
ISBN:

There has been much debate about whether judicial review is premised on legislative intent, specific or general, or whether it is grounded in the common law. It has now been suggested in an article in this journal that legislative intent should be conceived in constructive terms, that the common law model is defective in not recognizing this and that it adopts an inadequate account of the relationship between judicial review and sovereignty. The present article answers this critique. It will be seen that there are major problems with the very idea of constructive legislative intent, and with the relationship posited between judicial review and sovereignty.

Judicial Review Handbook

Judicial Review Handbook
Author: Michael Fordham
Publisher: John Wiley & Sons
Total Pages: 988
Release: 1997
Genre: Judicial review of administrative acts
ISBN:

This fully revised edition of a bestseller presents the law and practice of judicial reviewdeconstructed and represented in a unique format. It provides rapid access to vital sources of authority and case synopses, providing an essential guide to the huge volume of case law in this area.