Chapter

The Limits of Public Law

T. R. S. Allan

in Law, Liberty, and Justice

Published in print December 1994 | ISBN: 9780198259916
Published online March 2012 | e-ISBN: 9780191682025 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198259916.003.0009

Series: Clarendon Paperbacks

The Limits of Public Law

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The mark of justiciability in public law is provided by the court's concern with the rights and interests of the applicant, as opposed to the merits of the relevant action or decision as a matter of public policy. Justiciability should in principle be the correlative of jurisdiction, and determined by the ordinary principles of administrative law. An applicant is entitled to invoke the remedy of judicial review whenever his rights in public law are threatened or infringed upon by a public authority. However, theories of justiciability which fasten on broad categories of executive powers undermine the rule of law by challenging the main reason for judicial review. If judicial review is to serve its purpose as a safeguard for the rights and interests of those most directly affected by government action, it cannot be accepted that certain powers should be wholly immune from scrutiny.

Keywords: public law limits; judicial review; justiciability; national security; legislative scrutiny

Chapter.  12340 words. 

Subjects: Constitutional and Administrative Law

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