Non-Statutory Executive Powers and Judicial Review

The book argues that non-statutory executive powers are subject to judicial review, but current practice challenges prevailing theories and raises questions about the nature of official power and action. It suggests that modern judges and scholars have neglected the concepts necessary to understand the supervisory jurisdiction and that the law has become more complex than it needs to be.

Format: Hardback
Length: 256 pages
Publication date: 25 August 2022
Publisher: Cambridge University Press

The unquestionable fact is that non-statutory executive powers are subject to judicial review. However, current judicial practice presents a multitude of questions that challenge prevailing theories of judicial review and delve into the essence of official power and action. This is particularly true for non-statutory powers, often referred to as a "third source" of governmental authority, which have sparked intense debates about the conceptual basis of judicial review in English law.

Directly examining non-statutory powers rather than incidentally ignites a passionate yet inconclusive debate about the conceptual foundations of judicial review in English law. This thought-provoking book contends that modern judges and scholars have overlooked the essential concepts necessary to comprehend the supervisory jurisdiction, resulting in a law that has become unnecessarily complex. By shifting our focus from grand ideas about parliamentary sovereignty and the courts to the fundamental concepts of office and official action, the central questions naturally unfold.

The book argues that by adopting a more practical and nuanced approach, we can better understand the role of the judiciary in overseeing executive actions. It suggests that a return to the traditional principles of judicial review, rooted in the concept of office and official action, can provide a clearer framework for analyzing legal disputes. By focusing on the practical implications and consequences of governmental actions, the book aims to simplify the law and promote a more efficient and effective judicial system.

In conclusion, this provocative book challenges the status quo and encourages a reevaluation of the conceptual foundations of judicial review in English law. By advocating for a return to the principles of office and official action, the book offers a fresh perspective on the role of the judiciary in ensuring government accountability and protecting individual rights. It is a valuable contribution to the ongoing debate about the balance between executive and judicial power and the role of the courts in a democratic society.

Weight: 660g
Dimension: 158 x 237 x 26 (mm)
ISBN-13: 9781316510667