Judicial review scholarship expanding legal scholarly imagination

Abstract

While both plentiful and important, judicial review scholarship is, like all legal scholarship, at risk of being constrained by the limitations of the scholarly legal imagination which informs it. In this chapter we emphasise the importance of scholars continuing to expand their legal scholarly imaginations in the study of judicial review. Specifically, we highlight three broad directions in which we hope the legal scholarly imagination continues to expand. First, in continuing to develop innovative methods to better understand the day-to-day practice of judicial review. Second, in asking more questions about judicial review’s less understood aspects. Third, in seeking to better understand judicial review as part of a broader legal architecture. In offering these reflections we highlight an array of specific legal issues we hope will come to be regarded as priorities in administrative law scholarship in the near future. The list, however, is not intended to be exhaustive. Our more general hope is to encourage the reader to reflect on a broader question. Namely, what shapes and constrains the legal scholarly imagination when it comes to the study of judicial review, and how can we most usefully move forward?