Back to Search Start Over

One Controversy, Two Jurisdictions: A Comparative Evaluation of the Ultra Vires and Common Law Theories of Judicial Review.

Authors :
Chu, John
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