Executive Decision-Making and the Courts: Revisiting the Origins of Modern Judicial Review

Acknowledgements
Contents
List of Contributors
Table of Statutes
Table of Secondary Legislation
Table of Cases
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 Quartet Years
		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 and Food
		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 Sovereignty
		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 New Age'?
		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 Scrutiny
		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
Index