Chapter

‘Time, Time, Time it’s on my side, Yes it is’ *

Michael J Beloff

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/9780198264699.003.0013
‘Time, Time, Time it’s on my side, Yes it is’ *

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This chapter examines two matters; firstly, how far the law does and should give special protection to public authorities in terms of the timing of legal challenge made against them; secondly, how far the law itself seeks to compel timeous performance of its own functions. The chapter also considers what policies and values underlie the law's attitude to each. Bearing in mind Sir William Wade QC's distinction, not only as an academic, but as a practitioner, the aim is not merely to diversify the arguments available in a manner attractive to the latter but to provide a unifying framework in a manner acceptable to the former. For issues of time, technical as they may appear, reveal the essence of judicial review; its discretionary nature; its sensitivity to circumstance; its perpetual tension between the interests of citizen and state; its elevation of pragmatism as the ultimate principle.

Keywords: administrative law; special protection; public authorities; Sir William Wade

Chapter.  14548 words. 

Subjects: Constitutional and Administrative Law

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