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

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.

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.

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 *