The tribunals system in England and Wales has been transformed by the entry into force of the Tri... more The tribunals system in England and Wales has been transformed by the entry into force of the Tribunals, Courts and Enforcement Act 2007; among other things, tribunals are now located more firmly and explicitly than ever before within the judicial branch.
Questions concerning the relationship between tribunals and regular courts fall to be confronted afresh within this new institutional landscape. Those questions form the focus of this article, which is particularly concerned with the issue recently considered by the Supreme Court in Cart whether, and if so to what extent, decisions taken within the tribunals system (by the Upper Tribunal) should be susceptible to judicial review by the High Court. In Cart, emphasis was placed upon the concept
of “proportionate dispute resolution” as a means by which to delimit regular courts’ oversight of tribunals’ decisions, raising fundamental questions both of legal doctrine (relating to the relevance of the orthodox doctrinal tools of administrative law) and legal policy (concerning the degree of error on the part of a tribunal that a higher court should tolerate in the interests of the efficient, or proportionate, use of judicial resources).
... 28 For detailed discussion of the position in New Zealand, see Jennie Cassie and Dean Knight,... more ... 28 For detailed discussion of the position in New Zealand, see Jennie Cassie and Dean Knight, “The Scope of Judicial Review: Who and What may be Reviewed” in Administrative Law Intensive (New Zealand Law Society seminar booklet, 2008) 63. ...
- Offers a comprehensive overview of the transformations to the modern law of judicial review acr... more - Offers a comprehensive overview of the transformations to the modern law of judicial review across the common law world
Includes contributions from over 30 of the leading figures in public law from academia and legal practice;
- Includes comparative analyses of recurring problems in judicial review together with case studies of law reform in the major common law jurisdictions;
- Features a section on administrative justice in China, a country so far under-explored in the public law literature;
The use and scope of judicial review of government action has transformed across the common law world over the last forty years. This volume takes stock of the transformation, bringing together over 30 leading figures from academia and practice to analyse the major issues surrounding the legal reforms from theoretical and comparative perspectives.
Coverage in the book spans the theoretical foundations of judicial review; the scope and functions of administrative justice; the conditions of judicial independence; recurring problems in legal doctrine; and issues in legal procedure. A final set of essays presents case studies of the experiences of reforming judicial review in different countries, including an extended section on judicial review in China.
Readership: Academics working on constitutional and administrative law. Practitioners working in the area of judicial review.
The tribunals system in England and Wales has been transformed by the entry into force of the Tri... more The tribunals system in England and Wales has been transformed by the entry into force of the Tribunals, Courts and Enforcement Act 2007; among other things, tribunals are now located more firmly and explicitly than ever before within the judicial branch.
Questions concerning the relationship between tribunals and regular courts fall to be confronted afresh within this new institutional landscape. Those questions form the focus of this article, which is particularly concerned with the issue recently considered by the Supreme Court in Cart whether, and if so to what extent, decisions taken within the tribunals system (by the Upper Tribunal) should be susceptible to judicial review by the High Court. In Cart, emphasis was placed upon the concept
of “proportionate dispute resolution” as a means by which to delimit regular courts’ oversight of tribunals’ decisions, raising fundamental questions both of legal doctrine (relating to the relevance of the orthodox doctrinal tools of administrative law) and legal policy (concerning the degree of error on the part of a tribunal that a higher court should tolerate in the interests of the efficient, or proportionate, use of judicial resources).
... 28 For detailed discussion of the position in New Zealand, see Jennie Cassie and Dean Knight,... more ... 28 For detailed discussion of the position in New Zealand, see Jennie Cassie and Dean Knight, “The Scope of Judicial Review: Who and What may be Reviewed” in Administrative Law Intensive (New Zealand Law Society seminar booklet, 2008) 63. ...
- Offers a comprehensive overview of the transformations to the modern law of judicial review acr... more - Offers a comprehensive overview of the transformations to the modern law of judicial review across the common law world
Includes contributions from over 30 of the leading figures in public law from academia and legal practice;
- Includes comparative analyses of recurring problems in judicial review together with case studies of law reform in the major common law jurisdictions;
- Features a section on administrative justice in China, a country so far under-explored in the public law literature;
The use and scope of judicial review of government action has transformed across the common law world over the last forty years. This volume takes stock of the transformation, bringing together over 30 leading figures from academia and practice to analyse the major issues surrounding the legal reforms from theoretical and comparative perspectives.
Coverage in the book spans the theoretical foundations of judicial review; the scope and functions of administrative justice; the conditions of judicial independence; recurring problems in legal doctrine; and issues in legal procedure. A final set of essays presents case studies of the experiences of reforming judicial review in different countries, including an extended section on judicial review in China.
Readership: Academics working on constitutional and administrative law. Practitioners working in the area of judicial review.
Uploads
Papers by Mark Elliott
Questions concerning the relationship between tribunals and regular courts fall to be confronted afresh within this new institutional landscape. Those questions form the focus of this article, which is particularly concerned with the issue recently considered by the Supreme Court in Cart whether, and if so to what extent, decisions taken within the tribunals system (by the Upper Tribunal) should be susceptible to judicial review by the High Court. In Cart, emphasis was placed upon the concept
of “proportionate dispute resolution” as a means by which to delimit regular courts’ oversight of tribunals’ decisions, raising fundamental questions both of legal doctrine (relating to the relevance of the orthodox doctrinal tools of administrative law) and legal policy (concerning the degree of error on the part of a tribunal that a higher court should tolerate in the interests of the efficient, or proportionate, use of judicial resources).
Books by Mark Elliott
Includes contributions from over 30 of the leading figures in public law from academia and legal practice;
- Includes comparative analyses of recurring problems in judicial review together with case studies of law reform in the major common law jurisdictions;
- Features a section on administrative justice in China, a country so far under-explored in the public law literature;
The use and scope of judicial review of government action has transformed across the common law world over the last forty years. This volume takes stock of the transformation, bringing together over 30 leading figures from academia and practice to analyse the major issues surrounding the legal reforms from theoretical and comparative perspectives.
Coverage in the book spans the theoretical foundations of judicial review; the scope and functions of administrative justice; the conditions of judicial independence; recurring problems in legal doctrine; and issues in legal procedure. A final set of essays presents case studies of the experiences of reforming judicial review in different countries, including an extended section on judicial review in China.
Readership: Academics working on constitutional and administrative law. Practitioners working in the area of judicial review.
Questions concerning the relationship between tribunals and regular courts fall to be confronted afresh within this new institutional landscape. Those questions form the focus of this article, which is particularly concerned with the issue recently considered by the Supreme Court in Cart whether, and if so to what extent, decisions taken within the tribunals system (by the Upper Tribunal) should be susceptible to judicial review by the High Court. In Cart, emphasis was placed upon the concept
of “proportionate dispute resolution” as a means by which to delimit regular courts’ oversight of tribunals’ decisions, raising fundamental questions both of legal doctrine (relating to the relevance of the orthodox doctrinal tools of administrative law) and legal policy (concerning the degree of error on the part of a tribunal that a higher court should tolerate in the interests of the efficient, or proportionate, use of judicial resources).
Includes contributions from over 30 of the leading figures in public law from academia and legal practice;
- Includes comparative analyses of recurring problems in judicial review together with case studies of law reform in the major common law jurisdictions;
- Features a section on administrative justice in China, a country so far under-explored in the public law literature;
The use and scope of judicial review of government action has transformed across the common law world over the last forty years. This volume takes stock of the transformation, bringing together over 30 leading figures from academia and practice to analyse the major issues surrounding the legal reforms from theoretical and comparative perspectives.
Coverage in the book spans the theoretical foundations of judicial review; the scope and functions of administrative justice; the conditions of judicial independence; recurring problems in legal doctrine; and issues in legal procedure. A final set of essays presents case studies of the experiences of reforming judicial review in different countries, including an extended section on judicial review in China.
Readership: Academics working on constitutional and administrative law. Practitioners working in the area of judicial review.