Executive Decision-Making and the Courts: Revisiting the Origins of Modern Judicial Review

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TT Arvind (University of York, UK) Richard Kirkham (University of Sheffield, UK)

Executive Decision-Making and the Courts

Revisiting the Origins of Modern Judicial Review

TT Arvind (University of York, UK), Richard Kirkham (University of Sheffield, UK), Daithí Mac Síthigh (Queen’s University Belfast, UK) , Lindsay Stirton (University of Sussex, UK)

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English

Hart Publishing
20 October 2022

Civil procedure, litigation & dispute resolution

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.

Edited by: TT Arvind (University of York UK), Richard Kirkham (University of Sheffield, UK), Daithí Mac Síthigh (Queen’s University Belfast, UK), Lindsay Stirton (University of Sussex, UK)
Imprint: Hart Publishing
Country of Publication: United Kingdom
Dimensions: Height: 234mm, Width: 156mm,
ISBN: 9781509944774
ISBN 10: 150994477X
Pages: 576
Publication Date: 20 October 2022
Audience: College/higher education , Primary
Format: Paperback
Publisher's Status: Active

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.

Reviews for Executive Decision-Making and the Courts: Revisiting the Origins of Modern Judicial Review

The essays make fascinating reading for anyone concerned with the constitutional relations between the legislature, executive and judiciary, and the vexed question as to whether judges are too deferential to the assessments of the executive or improperly arrogating decision-making to themselves contrary to the wishes of Parliament. -- Sir Nicholas Blake * Commonwealth Judicial Journal *