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One Controversy, Two Jurisdictions: A Comparative Evaluation of the Ultra Vires and Common Law Theories of Judicial Review.
- Source :
- Judicial Review; Dec2009, Vol. 14 Issue 4, p347-358, 12p
- Publication Year :
- 2009
-
Abstract
- The article presents a comparative evaluation of the ultra vires and common law theories of judicial review in Great Britain. It found that the region's common law theory is preferred because of its effectiveness in furthering the goal of upholding the rule of law, which carries popular support in the region and the Hong Kong Special Administrative Region (HKSAR). It examined that common law integrates with the rule of law through virtuous cycles of reinforcing co-developments as it becomes coextensive with the constitution. It investigated that the methodology of common law offers improvements through the principle of precedent to balance between the need for certainty and adaptability to unexpected circumstances.
Details
- Language :
- English
- ISSN :
- 10854681
- Volume :
- 14
- Issue :
- 4
- Database :
- Complementary Index
- Journal :
- Judicial Review
- Publication Type :
- Academic Journal
- Accession number :
- 47790689
- Full Text :
- https://doi.org/10.1080/10854681.2009.11426620