Executive Decision-Making and the Courts

£39.59

Executive Decision-Making and the Courts

Revisiting the Origins of Modern Judicial Review

Legal systems: civil procedure, litigation and dispute resolution Constitutional and administrative law: general

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Language: English

Published by: Hart Publishing

Published on: 25th February 2021

Format: LCP-protected ePub

Size: 576 pages

ISBN: 9781509930340


Introduction

In this book, leading experts from across the common law world assess the impact of four seminal House of Lords judgments decided in the 1960s: Ridge v Baldwin, Padfield v Minister of Agriculture, Conway v Rimmer, and Anisminic v Foreign Compensation Commission. The ''Quartet'' is generally acknowledged to have marked a turning point in the development of court-centred administrative law, and can be understood as a ''formative moment'' in the emergence of modern judicial review.

These cases are examined not only in terms of the points each case decided, and their contribution to administrative law doctrine, but also in terms of the underlying conception of the tasks of administrative law implicit in the Quartet. By doing so, the book sheds new light on both the complex processes through which the modern system of judicial review emerged and the constitutional choices that are implicit in its jurisprudence. It further reflects upon the implications of these historical processes for how the achievements, failings and limitations of the common law in reviewing actions of the executive can be evaluated.

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