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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

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Institution:
University of Oxford
Division:
SSD
Department:
Law
Sub department:
Law Faculty
Oxford college:
St Catherine's College
Role:
Author


Publisher:
Sweet and Maxwell
Journal:
Public Law More from this journal
Volume:
2018
Issue:
1
Pages:
31-43
Publication date:
2018-01-01
Acceptance date:
2017-10-27
ISSN:
0033-3565


Pubs id:
pubs:797378
UUID:
uuid:291454cb-bf15-40d5-b6bd-a98c7d8c876e
Local pid:
pubs:797378
Source identifiers:
797378
Deposit date:
2017-11-26

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