Book contents
- Non-Statutory Executive Powers and Judicial Review
- Cambridge Studies in Constitutional Law
- Non-Statutory Executive Powers and Judicial Review
- Copyright page
- Dedication
- Contents
- Acknowledgements
- Table of Cases
- 1 Introduction
- 2 Official Action beyond Statute
- 3 The ‘Third Source’ in the Courts
- 4 A Unified Category of ‘Non-Statutory Executive Powers’
- 5 The Crown as Corporation
- 6 Public Law as the Law of Public Offices
- 7 Office in Action
- 8 Approaching Judicial Review
- 9 Competence, Conduct, and Validity
- 10 Moving beyond the Ultra Vires Debate
- 11 The Common Law Theory of Ultra Vires
- 12 The Borders of the Supervisory Jurisdiction
- 13 The Normative Foundations of Judicial Review
- Index
3 - The ‘Third Source’ in the Courts
Published online by Cambridge University Press: 18 August 2022
Book contents
- Non-Statutory Executive Powers and Judicial Review
- Cambridge Studies in Constitutional Law
- Non-Statutory Executive Powers and Judicial Review
- Copyright page
- Dedication
- Contents
- Acknowledgements
- Table of Cases
- 1 Introduction
- 2 Official Action beyond Statute
- 3 The ‘Third Source’ in the Courts
- 4 A Unified Category of ‘Non-Statutory Executive Powers’
- 5 The Crown as Corporation
- 6 Public Law as the Law of Public Offices
- 7 Office in Action
- 8 Approaching Judicial Review
- 9 Competence, Conduct, and Validity
- 10 Moving beyond the Ultra Vires Debate
- 11 The Common Law Theory of Ultra Vires
- 12 The Borders of the Supervisory Jurisdiction
- 13 The Normative Foundations of Judicial Review
- Index
Summary
This chapter reviews the modern cases on the ‘third source’ in England and Wales and around the Commonwealth. This review illustrates that the law is fundamentally uncertain on the legal nature and exact provenance of these powers within each jurisdiction surveyed. It also illustrates that basic questions of legal theory relating to official empowerment and official action are unavoidable in the context of non-statutory executive powers. This demonstrates the gap between theory and practice in a specific context and justifies the need for the basic and wide-ranging interrogation of the law of judicial review undertaken in the book.
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- Non-Statutory Executive Powers and Judicial Review , pp. 37 - 61Publisher: Cambridge University PressPrint publication year: 2022