Kirkham, R.M. (2017) JR55, judicial strategy and the limits of textual reasoning. Public Law (1). pp. 46-62. ISSN 0033-3565
Abstract
Discusses, with reference to the Supreme Court ruling in JR55 v Northern Ireland Commissioner for Complaints, the judicial strategies that may be used to exert control after exercise of discretionary power, and assesses their limits. Reviews the facts of JR55 and examines the textual interpretation adopted in respect of a broad discretionary power. Suggests why a textual approach is sometimes inappropriate and proposes an alternative strategy.
Metadata
Item Type: | Article |
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Authors/Creators: |
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Copyright, Publisher and Additional Information: | © 2017 Sweet and Maxwell . This is an author produced version of a paper subsequently published in Public Law. Uploaded in accordance with the publisher's self-archiving policy. |
Keywords: | Discretionary powers; Interpretation; Judicial decision-making; Jurisdiction; Justiciability; Northern Ireland |
Dates: |
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Institution: | The University of Sheffield |
Academic Units: | The University of Sheffield > Faculty of Social Sciences (Sheffield) > School of Law (Sheffield) |
Depositing User: | Symplectic Sheffield |
Date Deposited: | 20 Jan 2017 13:02 |
Last Modified: | 03 Jan 2018 01:38 |
Status: | Published |
Publisher: | Sweet and Maxwell |
Refereed: | Yes |
Open Archives Initiative ID (OAI ID): | oai:eprints.whiterose.ac.uk:110782 |