2. Constitutional Foundations of the Powers of the Courts
2. Constitutional Foundations of the Powers of the Courts
- Sir William WadeSir William Wadeformerly Emeritus Rouse Ball Professor of English Law, University of Cambridge
- and Christopher ForsythChristopher ForsythFellow in Law, Balliol College, University of Oxford
Abstract
This chapter begins with a discussion of the concept of the rule of law, covering the meaning of legality and discretionary power, judicial independence, and fairness. It then explains the sovereignty of Parliament, the elements of judicial control, and the doctrine of ultra vires.