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Vol 24 No 2 Feb/March 2019

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Intention, Supremacy and the Theories of Judicial Review

ISBN13: 9781138606616
Published: May 2018
Publisher: Routledge
Country of Publication: UK
Format: Paperback (Hardback in 2016)
Price: £36.99
Hardback edition , ISBN13 9781138856011

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In the late 1980s, a vigorous debate began about how we may best justify, in constitutional terms, the English courts’ power to judicially review the exercise of public power derived from an Act of Parliament.

Two rival theories emerged in this debate: the ultra vires theory and the common law theory. The debate between the supporters of these two theories has never satisfactorily been resolved and has been criticised as being futile.

This book critically analyses the ultra vires and common law theory and argues that neither offers a suitable explanation for the courts’ judicial review jurisdiction.

McGarry argues that this new conception of parliamentary supremacy leads to an alternative theory of judicial review which significantly differs from both the ultra vires and common law theories.

Judicial Review

Part I: The Current Theories of Judicial Review
1. The Ultra Vies Theory and the Common Law Theory of Judicial Review
2. Themes of the Debate
3. Theory and Practice of Judicial Review

Part II: An Alternative Theory
4. The Principle of Parliamentary Supremacy
5. The Constitutional Legitimacy of Judicial Review