Abstract
This paper offers an interpretive theory which aims to make sense of judicial review doctrine in light of its underlying rationale. The idea that administrators are delegates of Parliament or the Crown lies at the heart of this theory. The paper argues that the best internal rationale for judicial review doctrine is that it holds administrators to their moral duties qua delegates of Parliament or the Crown. This rationale closely fits legal doctrine, including the grounds of review and the scope of review; it reveals the underlying coherence of the law; it shows how the law is supported by some moral reasons; and it closely reflects judicial reasoning. The delegation theory is valuable for normative, predictive, reformatory and pedagogical reasons. It can provide guidance to judges, help predict how they will decide, help assess the law, help evaluate reform proposals and enhance understanding of judicial review amongst administrators, legal practitioners and students.
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Disclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.