Reconstructing judicial review / Sarah Nason.

Format:

Book

Author/Creator:

Nason, Sarah Marie, author.

Language:

English

Subjects (All):

Great Britain. Administrative Court.

Great Britain.

Judicial review of administrative acts--England.

Judicial review of administrative acts.

Physical Description:

1 online resource (257 pages)

Place of Publication:

Oxford ; Portland, Oregon : Hart Publishing, An imprint of Bloomsbury Publishing Plc, 2016.

Summary:

This book offers a new interpretation of judicial review in England and Wales as being concerned with the advancement of justice and good governance, as opposed to being concerned primarily with ultra vires or common law constitutionalism. It is developed both from examining the functions and values that ought to be served by judicial review, and from analysis of empirical 'social' facts about judicial review primarily as experienced in the Administrative Court. Based on ground-up case law analysis it constructs a new taxonomy on the grounds of judicial review: mistake, procedural impropriety, ordinary common law statutory interpretation, discretionary impropriety, relevant/irrelevant considerations, breach of an ECHR protected right or equality duty, and constitutional allocation of powers, constitutional rights, or other complex constitutional principles. It explains each of these grounds, what academic and judicial support there might be for them outside case law analysis, and their similarities and differences when viewed against popular existing taxonomies. It concludes that Administrative Court judges are engaged in ordinary common law statutory interpretation in approximately half of all cases, and that where discretionary judgement is involved on the part of the initial decision-maker, judges do indeed consider their task to be one of determining whether the challenged decision was justified by reasoning of adequate quality. It finds that judges apply ordinary common law principles of statutory interpretation with historical pedigrees, including assessing the initial decision-maker's reasoning with reference to statutory purpose, and sifting relevant from irrelevant considerations, including moral considerations. The result is a ground-breaking reassessment of the grounds of judicial review in England and Wales and the practice of the Administrative Court

Contents:

Introduction : reconstructing judicial review

Constructive interpretation

Judicial review and values

An operative interpretation of judicial review : social practice and the Administrative Court's caseload

An operative interpretation of judicial review : community justice

An operative taxonomy of grounds of review: part one

An operative taxonomy of grounds of review: part two

A target interpretation of judicial review and judicial rationality

Judicial review for the advancement of justice and good governance.

Notes:

Based on author's dissertation (doctoral - University College London, 2015) issued under title: Judicial review in England and Wales : a constructive interpretation of the role of the Administrative Court.

Includes bibliographical references and index.

Description based on print version record and CIP data provided by publisher; resource not viewed.

ISBN:

9781509904655

1509904654

9781509904648

1509904646

OCLC:

954424446