Executive Decision-Making and the Courts
Revisiting the Origins of Modern Judicial Review
Published on 20. October 2022
Book
Paperback/Softback
576 pages
978-1-5099-4477-4 (ISBN)
Description
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.
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.
Reviews / Votes
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 *More details
Language
English
Place of publication
Oxford
United Kingdom
Publishing group
Bloomsbury Publishing PLC
Target group
College/higher education
Dimensions
Height: 234 mm
Width: 156 mm
ISBN-13
978-1-5099-4477-4 (9781509944774)
Copyright in bibliographic data and cover images is held by Nielsen Book Services Limited or by the publishers or by their respective licensors: all rights reserved.
Schweitzer Classification
Other editions
Additional editions
TT Arvind | Richard Kirkham | Daithi Mac Sithigh
Executive Decision-Making and the Courts
Revisiting the Origins of Modern Judicial Review
E-Book
02/2021
1st Edition
Hart Publishing
€49.99
Available for download
TT Arvind | Richard Kirkham | Daithi Mac Sithigh
Executive Decision-Making and the Courts
Revisiting the Origins of Modern Judicial Review
E-Book
02/2021
1st Edition
Hart Publishing
€49.99
Available for download
Persons
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.
Daithi Mac Sithigh 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.
Richard Kirkham is Senior Lecturer in Law at the University of Sheffield, UK.
Daithi Mac Sithigh 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.
Content
PART I
SETTING THE SCENE
1. Introduction: Judicial Review and the Quartet
TT Arvind, University of York, UK, Richard Kirkham, University of Sheffield, UK, Daithi Mac Sithigh, 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 ca 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, Daithi Mac Sithigh, Queen's University Belfast, UK and Lindsay Stirton, University of Sussex, UK
SETTING THE SCENE
1. Introduction: Judicial Review and the Quartet
TT Arvind, University of York, UK, Richard Kirkham, University of Sheffield, UK, Daithi Mac Sithigh, 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 ca 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, Daithi Mac Sithigh, Queen's University Belfast, UK and Lindsay Stirton, University of Sussex, UK