Abstract

http://ssrn.com/abstract=815085
 
 

Citations



 


 



The Common Law, Shared Power and Judicial Review


Paul P. Craig


University of Oxford - Faculty of Law

2004

Oxford Journal of Legal Studies, Vol. 24, pp. 237-257, 2004

Abstract:     
There has been much debate about whether judicial review is premised on legislative intent, specific or general, or whether it is grounded in the common law. It has now been suggested in an article in this journal that legislative intent should be conceived in constructive terms, that the common law model is defective in not recognizing this and that it adopts an inadequate account of the relationship between judicial review and sovereignty. The present article answers this critique. It will be seen that there are major problems with the very idea of constructive legislative intent, and with the relationship posited between judicial review and sovereignty.

Accepted Paper Series





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Date posted: February 29, 2008  

Suggested Citation

Craig, Paul P., The Common Law, Shared Power and Judicial Review ( 2004). Oxford Journal of Legal Studies, Vol. 24, pp. 237-257, 2004. Available at SSRN: http://ssrn.com/abstract=815085

Contact Information

Paul P. Craig (Contact Author)
University of Oxford - Faculty of Law ( email )
St. Cross Building
St. Cross Road
Oxford, OX1 3UJ
United Kingdom
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