Executive Decision Making and the Courts 1st Edition by Tt Arvind, Richard Kirkham ,Daithí Mac Síthigh, Lindsay Stirton ISBN 9781509930357 1509930353

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Product details:

ISBN 10: 1509930353
ISBN 13: 9781509930357
Author:  Tt Arvind, Richard Kirkham ,Daithí Mac Síthigh, Lindsay Stirton

Table of contents:

PART I: SETTING THE SCENE

1. Introduction: Judicial Review and the Quartet

• I. Introduction
• II. Continuity or Discontinuity? The Quartet and the Legacy of the Past
• III. The Quartet’s Legal and Symbolic Legacy
• IV. The Unfinished Legacy of the Quartet: Questions Left Unresolved

2. Lord Reid: The Judge as Law Maker?

PART II: THE QUARTET IN CONTEXT

3. Ridge v Baldwin: Executive and Judicial Approaches to Administrative Law Before and During the Qu

• I. Introduction
• II. The Background
• III. The High Court and the Court Of Appeal
• IV. Natural Justice Pre-Ridge
• V. Ridge in the Lords
• VI. After the Lords
• VII. The Changing Climate toward Administrative Law
• VIII. Assessing Ridge v Baldwin
• IX. Conclusions

4. Judges and Parliamentary Democracy: The Lessons of Padfield v Ministry of Agriculture, Fisheries

• I. Introduction
• II. The Background
• III. The Issues
• IV. The Court Decisions
• V. The Aftermath40
• VI. Padfield and the Constitutional Architecture
• VII. Conclusions

5. Legitimacy and the Courts: The Forgotten Story of Conway v Rimmer

• I. Introduction
• II. The Long Road to Conway v Rimmer
• III. An Alternative View: Principle, Pragmatism and the need for Crown Privilege
• IV. Broader Themes: Courts, Administrators and the Limits of Legitimacy
• V. Conclusion

6. Anisminic in Retrospect

• I. Prologue
• II. Preclusive Provisions and Constitutional Principles: The Rule of Law and Parliamentary Sovereign
• III. Drafting and Interpretation
• IV. Epilogue

PART III: THE LEGACY OF THE QUARTET

7. Plus ça Change? An Empirical Analysis of Judicial Review in Modern Administrative Law

• I. Introduction
• II. Judicial Review and General Administrative Law
• III. Judicial Review and Individual Grievances
• IV. General Administrative Law and Public Interest Judicial Review
• V. Topics of Claim and Legal Expertise: Specialist or Generalist?
• VI. Controlling Access to Judicial Review
• VII. Funding Judicial Review and Unrepresented Litigants
• VIII. Concluding Remarks

8. The Reawakening of Common Law Rights: Are they Still ‘Suitable for the Winning of Freedom in the

• I. Introduction
• II. Do Common Law Rights now Provide the Same Level of Protection as the HRA?
• III. Will Common Law Rights Provide the Same Level of Human Rights Protection as the HRA in Future?
• IV. Conclusion

9. Beyond the End of Ouster Clause History?

• I. Introduction
• II. The End of History?
• III. Ouster Clauses and Exclusions on Judicial Review
• IV. Towards A Jurisprudence of Legal Exclusion

PART IV: THE QUARTET OUTSIDE ENGLAND

10. Administrative Law and the Administrative Court for – or in – Wales

• I. Introduction
• II. Administrative Law in Wales5
• III. The Administrative Court in England and Wales
• IV. The Administrative Court in Wales – Jurisdiction
• V. The Future of Administrative Law in Wales
• VI. CONCLUSION – ‘FOR’ OR ‘IN’?

11. The Rule of Law against Judicial Review? The Quartet in Scots Administrative Law

• I. Introduction
• II. Administrative Law in Scotland
• III. The Quartet in Scots Law
• IV. Lord Reid, the Quartet and Scots Administrative Law
• V. Conclusion

12. The Quartet Plus Two: Judicial Review in Northern Ireland

• I. Introduction
• II. Politics and the Northern Ireland Constitution
• III. The ‘Plus Two’
• IV. Government by Default
• V. Conclusion

PART V: COMPARATIVE PERSPECTIVES ON THE QUARTET

13. Israeli Administrative Law and the Quartet – One Step Ahead

• I. Introduction
• II. English Administrative Law and the Foundations of Israeli Administrative Law
• III. The Prophecy of the Quartet in Israel
• IV. Beyond the Quartet: Why was Israeli Administrative Law One Step Ahead?
• V. Conclusion

14. Importation and Indigeneity: The Quartet in New Zealand Administrative Law

• I. Introduction
• II. The Quartet in NewZealand
• III. Importation and Indigeneity
• IV. Conclusion

15. The Quartet in the New Commonwealth

• I. Introduction
• II. The Quartet in Historical Perspective
• III. Selected New Commonwealth Jurisdictions
• IV. Themes
• V. Conclusion

PART VI: THE QUARTET IN THEORY, PRACTICE AND HISTORY

16. The Quartet Cases Compared

• I. The Legal Context
• II. Six Bases for Comparison
• III. Conclusion

17. ‘Judicial Power’ and Political Power: Reflections in Light of the Quartet

• I. Introduction
• II. Thinking about Judicial Power
• III. Political Power: Institutional not Personal
• IV. Ridge v Baldwin: The Power of Procedure
• V. Padfield v Minister of Agriculture, Fisheries and Food: Power, Proper Purposes and Parliamentary
• VI. Anisminic v Foreign Compensation Commission: Legislative Power and the Rule of Law
• VII. Conway v Rimmer: An Assertion of Jurisdiction; a Loss of Power
• VIII. Conclusion

18. Strategic Judging: Lessons from the Reid Era of Judicial Decision-Making

• I. Introduction
• II. The Reid Era as an Instance of Behavioural Change
• III. Evidencing the Shift in Behavioural Decision-Making during the Reid Era
• IV. A Sketch of Institutional Relationships
• V. A Brief Typology of Judicial Moves
• VI. Conclusion

PART VII: CONCLUSION

19. The Real Argument about Judicial Review

• I. Introduction: The Significance of the Quartet
• II. A Fading Core: Law and Administration before the Quartet
• III. Dynamic Administration and the Courts: (Re)Discovering the Doctrinal Dimensions of the Quartet
• IV. The Quartet and the Real Argument about Judicial Review

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