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The first in-depth treatment of the judicial review of non-statutory executive powers challenges the conventional wisdom on both the rationale and doctrines of judicial review, suggesting a return to neglected concepts, including the idea of office and official action. A must-read for students, practitioners, and scholars of public law.
List of contents
1. Introduction; 2. Official action beyond statute; 3. The 'third source' in the courts; 4. A unified category of 'non-statutory executive powers'; 5. The crown as corporation; 6. Public law as the law of public offices; 7. Office in action; 8. Approaching judicial review; 9. Competence, conduct, and validity; 10. Moving beyond the ultra vires debate; 11. The common law theory of ultra vires; 12. The borders of the supervisory jurisdiction; 13. The normative foundations of judicial review.
About the author
J. G. Allen is a Senior Research Fellow at the Humboldt University in Berlin. He read law at the University of Tasmania, the Universität Augsburg, and the University of Cambridge. He has been an Australian Postgraduate Awardee, a DAAD Scholar, a Poynton Scholar, and an Alexander von Humboldt Foundation Postdoctoral Fellow.
Summary
The first in-depth treatment of the judicial review of non-statutory executive powers challenges the conventional wisdom on both the rationale and doctrines of judicial review, suggesting a return to neglected concepts, including the idea of office and official action. A must-read for students, practitioners, and scholars of public law.
