Law : Constitutional

This collection of essays presents opposing sides of the debate over the foundations of judicial review. In this work,however, the discussion of whether the ‘ultra vires’ doctrine is best characterised as a central principle of administrative law or as a harmless, justificatory fiction is located in the highly topical and political context of constitutional change. The thorough jurisprudential analysis of the relative merits of models of ‘legislative intention’ and ‘judicial creativity’ provides a sound base for consideration of the constitutional problems arising out of legislative devolution and the Human Rights Act 1998. As the historical orthodoxy is challenged by growing institutional independence, leading figures in the field offer competing perspectives on the future of judicial review. “Confucius was wrong to say that it is a curse to live in interesting times. We are witnessing the development of a constitutional philosophy which recognises fundamental values and gives them effect in the mediation of law to the people”. (Sir John Laws). Contributors Nick Bamforth, Paul Craig, David Dyzenhaus, Mark Elliott, David Feldman, Christopher Forsyth, Brigid Hadfield, Jeffrey Jowell QC, Sir John Laws, Dawn Oliver, Sir Stephen Sedley, Mark Walters. With short responses by: TRS Allan, Stephen Bailey, Robert Carnworth, Martin Loughlin, Michael Taggart, Sir William Wade. more...

Price: $120.00

Aims to demonstrate the extent to which established boundaries of judicial intervention in socio-economic disputes have been altered by the extension of judicial powers, particularly through section 3 HRA, and through the development of a jurisprudence of positive obligations in the ECHR. more...

Price: $115.00

This work argues that the ancient underlying principles of public law are as crucial as they ever were - they simply need to be experimentally updated to address the changing face of "governance". The author describe the challenges and points up possible directions in which we might move. more...

Price: $84.00

Legislative drafting is dealt with from the standpoint of the practitioner and Parliamentary Counsel as well as from the angle of the problems which face judges in the construction of statutes. The conventions and presumptions of legislative drafting is covered including the importance of the legislative sentence. Constitutional problems affecting the legality of legislation are also dealt with. Subsidiary legislation is tackled and help is given in respect of offences and penalties,consolidation, codification, statute law revision, law reform, parliamentary procedure and rules of interpretation. more...

Price: $136.00

The rule of law is essential to a free society. In this book, Stephens makes the important argument that a law that shifts with the tides of time and public sentiment is a recipe for tyranny. - Clint Bolick, Institute for Justice, Washington, DC. The mo more...

Price: $28.95