Judicial Review in UK Law
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The Theoretical Controversy Concerning Judicial Review
Book reviewed in this article: Christopher Forsyth (ed), Judicial Review and the Constitution
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The Legislative Design of Judicial Review
Judicial review of agency decisions clearly affects policy outcomes, both because the courts can overrule an agency's decision and because the threat of judicial review can affect the agency's choi...
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The Delegation Theory of Judicial Review
This paper offers an interpretive theory which aims to make sense of judicial review doctrine in light of its underlying rationale. The idea that administrators are delegates of Parliament or the C...
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JUDICIAL REVIEW AND THE SACRED COW OF SELF‐REGULATION
In recent years there has been a series of decisions considering the extent to which the self‐regidatory organisations (SROs) are amenable to judicial review. This briefing surveys those decision a...
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The welfare effects of minority-protective judicial review
Constitutional theorists usually assume that minority-protective judicial review leads to outcomes more favorable to the protected minority and less favorable to the majority. Our analysis highligh...
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THE POLITICAL AND ADMINISTRATIVE CONSEQUENCES OF JUDICIAL REVIEW
Academic analysis of judicial review is confined largely to juridical commentaries in legal journals. This article, written from an administrator's viewpoint, examines its consequences for the powe...
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Legislative Reform of Judicial Review of Commonwealth Administrative Action
Over the last three years the Commonwealth has enacted four statutes with the aim of overcoming some of the deficiencies which exist at common law in the reviewing of administrative action. These a...
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Abstract Judicial Review, Legislative Bargaining, and Policy Compromise
The constitutions of many parliamentary democracies provide for abstract judicial review, a proceeding that allows a specified parliamentary minority to initiate judicial review against legislation...
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JUDICIAL REVIEW: A WAY OF CONTROLLING GOVERNMENT?
Recent concern among administrators about the effect of judicial review on their work is exaggerated. The cases show that judges are aware of the pitfalls of too much judicial intervention. Judges ...
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JUDICIAL REVIEW AND THE ‘CONTROL OF GOVERNMENT’
Administrative law is traditionally said to be concerned with the ‘control of government’, and judicial review of administrative action is said to be the primary mechanism of ‘control’. It is argue...
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