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7 - Office in Action

Published online by Cambridge University Press:  18 August 2022

Jason Grant Allen
Affiliation:
Humboldt-Universität zu Berlin
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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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Publisher: Cambridge University Press
Print publication year: 2022

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  • Office in Action
  • Jason Grant Allen, Humboldt-Universität zu Berlin
  • Book: Non-Statutory Executive Powers and Judicial Review
  • Online publication: 18 August 2022
  • Chapter DOI: https://doi.org/10.1017/9781009039321.007
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  • Office in Action
  • Jason Grant Allen, Humboldt-Universität zu Berlin
  • Book: Non-Statutory Executive Powers and Judicial Review
  • Online publication: 18 August 2022
  • Chapter DOI: https://doi.org/10.1017/9781009039321.007
Available formats
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Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Office in Action
  • Jason Grant Allen, Humboldt-Universität zu Berlin
  • Book: Non-Statutory Executive Powers and Judicial Review
  • Online publication: 18 August 2022
  • Chapter DOI: https://doi.org/10.1017/9781009039321.007
Available formats
×