On the Doctrinal Foundations of Administrative Law

Abstract

This article seeks to defend an orthodox, “ultra vires” account of English administrative law whereby judicial review is seen as principally concerned with enforcing the jurisdictional limits of administrative powers. It is argued that the ultra vires doctrine is not only rooted in the courts’ constitutional responsibility for upholding the rule of law but that it best respects the sovereignty of Parliament. As such, the ultra vires doctrine offers the best means of resisting statutory ousters of judicial review in a way that does not risk constitutional crisis. Jettisoning the doctrine will do more harm than good.

Keywords: administrative law, judicial review, ouster clauses, ultra vires, the rule of law, parliamentary sovereignty, collateral challenge