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Ultra Vires revisited

Abstract:
Explains the importance of Trevor Allan's arguments that theories of judicial review were too focused on conceptual aspects of constitutionality instead of on its moral foundations. Examines the debate between supporters of the competing ultra vires and common law theories of judicial review, and suggests why it was conducted under the mistaken belief that a choice must be made between the two theories. Proposes an alternative approach.
Publication status:
Published
Peer review status:
Peer reviewed
Version:
Accepted manuscript

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Institution:
University of Oxford
Division:
Social Sciences Division
Department:
Law Faculty
Oxford college:
St. Catherine's College
Publisher:
Sweet and Maxwell Publisher's website
Journal:
Public Law Journal website
Volume:
2018
Issue:
1
Pages:
31-43
Publication date:
2018-01-02
Acceptance date:
2017-10-27
ISSN:
0033-3565
Pubs id:
pubs:797378
URN:
uri:291454cb-bf15-40d5-b6bd-a98c7d8c876e
UUID:
uuid:291454cb-bf15-40d5-b6bd-a98c7d8c876e
Local pid:
pubs:797378

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