Chapter

Prematurity and Ripeness for Review

Jack Beatson

in The Golden Metwand and the Crooked Cord

Published in print February 1998 | ISBN: 9780198264699
Published online March 2012 | e-ISBN: 9780191682766 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198264699.003.0011
Prematurity and Ripeness for Review

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This chapter considers the concepts of ‘prematurity’ and ‘ripeness’ for review. It asks at what point is it, and should it be, possible to institute supervisory proceedings. Must one wait for a final decision or can one proceed at the first hint that an administrative body is going to act in a manner adverse to an individual during its investigation, for instance in relation to an interlocutory matter such as an adjournment or the receipt of evidence? Can an administrative body, say faced with new and untested statutory powers, obtain the determination of the court as to the scope of those powers, save in the context of the exercise of those powers? It considers the English cases where the issue is primarily approached as part of the exercise of the discretion that is a feature of public law remedies. The conclusion is that the remedy based approach of English law has meant that we do not have a developed concept of prematurity or ripeness for review.

Keywords: administrative law; prematurity; ripeness; judicial review; discretion; public law remedies; English law

Chapter.  17068 words. 

Subjects: Constitutional and Administrative Law

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