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Law, Liberty, and JusticeThe Legal Foundations of British Constitutionalism$
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T. R. S. Allan

Print publication date: 1994

Print ISBN-13: 9780198259916

Published to Oxford Scholarship Online: March 2012

DOI: 10.1093/acprof:oso/9780198259916.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 05 December 2021

The Limits of Public Law

The Limits of Public Law

(p.211) 9 The Limits of Public Law
Law, Liberty, and Justice

T. R. S. Allan

Oxford University Press

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

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