Book contents
- Non-Statutory Executive Powers and Judicial Review
- Cambridge Studies in Constitutional Law
- Non-Statutory Executive Powers and Judicial Review
- Copyright page
- Dedication
- Contents
- Acknowledgements
- Table of Cases
- 1 Introduction
- 2 Official Action beyond Statute
- 3 The ‘Third Source’ in the Courts
- 4 A Unified Category of ‘Non-Statutory Executive Powers’
- 5 The Crown as Corporation
- 6 Public Law as the Law of Public Offices
- 7 Office in Action
- 8 Approaching Judicial Review
- 9 Competence, Conduct, and Validity
- 10 Moving beyond the Ultra Vires Debate
- 11 The Common Law Theory of Ultra Vires
- 12 The Borders of the Supervisory Jurisdiction
- 13 The Normative Foundations of Judicial Review
- Index
7 - Office in Action
Published online by Cambridge University Press: 18 August 2022
- Non-Statutory Executive Powers and Judicial Review
- Cambridge Studies in Constitutional Law
- Non-Statutory Executive Powers and Judicial Review
- Copyright page
- Dedication
- Contents
- Acknowledgements
- Table of Cases
- 1 Introduction
- 2 Official Action beyond Statute
- 3 The ‘Third Source’ in the Courts
- 4 A Unified Category of ‘Non-Statutory Executive Powers’
- 5 The Crown as Corporation
- 6 Public Law as the Law of Public Offices
- 7 Office in Action
- 8 Approaching Judicial Review
- 9 Competence, Conduct, and Validity
- 10 Moving beyond the Ultra Vires Debate
- 11 The Common Law Theory of Ultra Vires
- 12 The Borders of the Supervisory Jurisdiction
- 13 The Normative Foundations of Judicial Review
- Index
Summary
This chapter introduces the central technical apparatus to describe official action and thus, also, to describe the mechanics of judicial review of official action implicit in the traditional terminology of ‘ultra vires', that is, acting ‘beyond one's powers'. Officials are reposed with powers in virtue of rules of two types, which I call rules of competence and rules of conduct. These are not just labels of convenience, they explain the constitution of office and the inherently legal and limited nature of official vires. They box out the ‘space’ in which an official (i) can and (ii) may act lawfully, which space I call ‘Spielraum'. This concept relates to a modified Hohfeldian schema of jural relations which removes the temptation of "residual liberties" as a valid category of the official legal position.
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- Non-Statutory Executive Powers and Judicial Review , pp. 147 - 174Publisher: Cambridge University PressPrint publication year: 2022