Ultra Vires revisited
Explains the importance of Trevor Allan's arguments that theories of judicial review were too focused on conceptual aspects of constitutionality instead of on its moral foundations. Examines the debate between supporters of the competing ultra vires and common law theories of judicial review, a...
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| Format: | Journal article |
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Sweet and Maxwell
2018
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| Résumé: | Explains the importance of Trevor Allan's arguments that theories of judicial review were too focused on conceptual aspects of constitutionality instead of on its moral foundations. Examines the debate between supporters of the competing ultra vires and common law theories of judicial review, and suggests why it was conducted under the mistaken belief that a choice must be made between the two theories. Proposes an alternative approach. |
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