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Legitimacy, rights and judicial review

Poole, Thomas (2005) Legitimacy, rights and judicial review. Oxford Journal of Legal Studies, 25 (4). pp. 697-725. ISSN 0143-6503

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Abstract

Appraises the classic rights based theory of the constitution and whether it can be used to explain judicial review. Describes the characteristics of classic rights based theory, in particular its relationship to common law constitutionalism. Examines the approach taken to fundamental rights in cases heard both before and after the coming into force of the Human Rights Act 1998. Reflects on the nature of judicial review, arguing that it is based more on the concept of legitimacy than the protection of rights.

Item Type: Article
Official URL: http://ojls.oxfordjournals.org/
Additional Information: © The Author 2005
Library of Congress subject classification: K Law > K Law (General)
Sets: Departments > Law
Rights: http://www.lse.ac.uk/library/usingTheLibrary/academicSupport/OA/depositYourResearch.aspx
Date Deposited: 24 Jun 2009 10:36
URL: http://eprints.lse.ac.uk/24301/

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