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Accountability in the Contemporary Constitution$
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Nicholas Bamforth and Peter Leyland

Print publication date: 2013

Print ISBN-13: 9780199670024

Published to Oxford Scholarship Online: January 2014

DOI: 10.1093/acprof:oso/9780199670024.001.0001

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Accountability and Judicial Review in the UK and EU

Accountability and Judicial Review in the UK and EU

Central Precepts

(p.180) 8 Accountability and Judicial Review in the UK and EU
Accountability in the Contemporary Constitution

Paul Craig

Oxford University Press

Judicial review is regarded as one method to secure accountability in all developed legal systems. Discussion of accountability entails, however, not merely estimation of the relative efficacy of different mechanisms to secure this end, but also evaluation of the credentials underlying any particular accountability mechanism. The latter is the objective of this chapter. It considers central precepts of judicial review as they pertain in the UK and EU. The focus is on conceptual foundations, legitimacy, hierarchy of norms, and rights, in order to determine from a comparative perspective the respective credentials that underpin the regimes of judicial review in the UK and EU. This exercise has not been undertaken in relation to the UK and EU and it sheds interesting light on the key precepts that inform the two systems.

Keywords:   judicial review, legitimacy, hierarchy of norms, rights, accountability mechanisms, UK, EU

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