Executive Decision-Making and the Courts

Revisiting the Origins of Modern Judicial Review
Erscheinungsjahr 2022
ISBN: 978-1-5099-4477-4
Verlag: Hart Publishing

Buch, Englisch, 576 Seiten, Paperback, Format (B × H): 156 mm x 234 mm

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, Padfeld 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.

Autoren/Hrsg.

Arvind, TT

Kirkham, Richard

Síthigh, Daithí Mac

Stirton, Lindsay

Fachgebiete

• Rechtswissenschaften Ausländisches Recht Common Law (UK, USA, Australien u.a.)

Inhaltsverzeichnis

PART I
SETTING THE SCENE
1. Introduction: Judicial Review and the Quartet

TT Arvind, University of York, UK, Richard Kirkham, University of Sheffield, UK, Daithí Mac Síthigh, Queen's University Belfast, UK and Lindsay Stirton, University of Sussex, UK
2. Lord Reid: The Judge as Law Maker?

Robert Reed, Lord Reed of Allermuir, President of the Supreme Court of the United Kingdom

PART II
THE QUARTET IN CONTEXT
3. Ridge v Baldwin: Executive and Judicial Approaches to Administrative Law Before and During the Quartet Years

Robert Thomas, University of Manchester, UK
4. Judges and Parliamentary Democracy: The Lessons of Padfield v Ministry of Agriculture, Fisheries and Food

Maurice Sunkin, University of Essex, UK
5. Legitimacy and the Courts: The Forgotten Story of Conway v Rimmer

TT Arvind, University of York, UK and Lindsay Stirton, University of Sussex, UK
6. Anisminic in Retrospect

David Feldman, University of Cambridge, UK

PART III
THE LEGACY OF THE QUARTET
7. Plus ça Change? An Empirical Analysis of Judicial Review in Modern Administrative Law

Sarah Nason, Prifysgol Bangor University, UK
8. The Reawakening of Common Law Rights: Are they Still 'Suitable for the Winning of Freedom in the New Age'?

Paul Bowen QC, Brick Court Chambers, UK
9. Beyond the End of Ouster Clause History?

Joe Tomlinson, University of York, UK

PART IV
THE QUARTET OUTSIDE ENGLAND
10. Administrative Law and the Administrative Court for - or in - Wales

David C Gardner, No5 Barristers' Chambers, Bristol, UK
11. The Rule of Law against Judicial Review? The Quartet in Scots Administrative Law

Paul F Scott, University of Glasgow, UK
12. The Quartet Plus Two: Judicial Review in Northern Ireland

Gordon Anthony, Queen's University Belfast, UK

PART V
COMPARATIVE PERSPECTIVES ON THE QUARTET
13. Israeli Administrative Law and the Quartet - One Step Ahead

Daphne Barak-Erez, Tel Aviv University, Israel
14. Importation and Indigeneity: The Quartet in New Zealand Administrative Law

Dean R Knight, Victoria University of Wellington, New Zealand
15. The Quartet in the New Commonwealth

Peter Cane, University of Cambridge, UK

PART VI
THE QUARTET IN THEORY, PRACTICE AND HISTORY
16. The Quartet Cases Compared

Stephen Bailey, University of Nottingham, UK
17. 'Judicial Power' and Political Power: Reflections in Light of the Quartet

Alexander Latham-Gambi, Swansea University, UK
18. Strategic Judging: Lessons from the Reid Era of Judicial Decision-Making

Richard Kirkham, University of Sheffield, UK and Dimitrios Tsarapatsanis, University of York, UK

PART VII
CONCLUSION
19. The Real Argument about Judicial Review

TT Arvind, University of York, UK, Richard Kirkham, University of Sheffield, UK, Daithí Mac Síthigh, Queen's University Belfast, UK and Lindsay Stirton, University of Sussex, UK

Über Autor(innen)

Kirkham, Richard
Richard Kirkham is Senior Lecturer at the University of Sheffield, UK.

Síthigh, Daithí Mac
Daithí Mac Síthigh is Professor of Law and Innovation at Queen's University Belfast, and the QUB Academic Director for the AHRC Northern Bridge Consortium Doctoral Training Partnership. UK.

Stirton, Lindsay
Lindsay Stirton is Professor of Public Law at the University of Sussex, UK, and Adjunct Researcher at the Faculty of Law, University of Tasmania, Australia.

Arvind, TT
TT Arvind is Professor of Law at York Law School, University of York, UK. He is the author of Contract Law (2nd edn, 2010) and a co-editor of Tort Law and the Legislature: Common Law, Statute and the Dynamics of Legal Change (Hart Publishing 2012).

TT Arvind is Professor of Law at the University of York, UK.
Richard Kirkham is Senior Lecturer in Law at the University of Sheffield, UK.
Daithí Mac Síthigh is Professor of Law and Innovation at Queen's University Belfast, UK.
Lindsay Stirton is Professor of Public Law at the University of Sussex, UK.