The Judicial Declaration in UK Administrative Justice System

Document Type : Original Article

Author

Assistant Professor, Department of Public Law, Faculty of Law and Political Science, University of Mazandaran , Babolsar, Iran.

Abstract

Different legal systems have predicted various judicial remedy for citizens in relation to those administrative acts which are contrary to law or outside of the jurisdiction of the authority that issued it. Judicial declaration is a judicial remedy that is identified in the administrative justice system in UK. This remedy, however, is not a judicial sentence or court ruling and hence some would not consider as a remedy, but this remedy, as it declares the rights or legal status of the parties, plays an important role in disputes concerning to public law. Due to its flexibility, declaration has notable application and features in administrative justice system in UK. Because this remedy has not been identified in our administrative justice system, while unlike the traditional view to these remedies, the use of such remedies can also be considered in our administrative justice system; therefore, it seems important to study of different aspects of this remedy.

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References

- Alder John (2002), General Principles of Constitutional and Administrative Law, Fourth Edition, New York: Palgrave Macmillan.
- Anthony Gordon (2002), UK Public Law and European Law, First Published, Oxford, Portland and Oregon: Hart Publishing.
- Bailey S. H. (2005), Cases, materials and commentary on Administrative Law, Fourth Edition, London: Sweet & Maxwell.
- Barnett Hilaire (2011), Constitutional and Administrative Law, Eighth Edition, New York: Routledge.
- Cane Peter (2011); Administrative Law, Fifth edition, New York: Oxford University Press.
- Carroll Alex (1998), Constitutional and Administrative Law, First Published, UK: Financial Times, Pitman Publishing.
- Craig P. P. (2003), Administrative Law, Fifth edition, London: Sweet & Maxwell Ltd.
- Elliott Mark (2001), the Constitutional Foundations of Judicial Review, Oxford, Portland and Oregon: Hart Publishing.
- Endicott T. & Murphy E. (2011), Administrative Law, second edition, in:
< http://global.oup.com/uk/orc/law/public/endicott2e/>
- Enright Christopher (2001), Federal Administrative Law, Sidney: Federation Press.
- Fordham Michael (2008); Judicial Review Handbook, Fifth edition, Oxford: Hart Publishing.
- Hawke N. & Parpworth N. (1998), Introduction to Administrative Law, first published, Sydney, London: Cavendish Publishing Ltd.
- Institute of Law Reserch and Reform (1984), Judicial Review of Administrative Action: Application for Judicial Review (Report No. 40), Edmonton, Alberta, in: www.law.ualberta.ca/alri/docs/fr040.pdf
- Jayakumar N.K. (2005), Administrative Law, New Delhi: Prentice-Hall of India.
- Lewis Clive (2004); Judicial remedies in public law, Third edition, London: Sweet & Maxwell.
- Leyland P. & Anthony G. (2016), Textbook on Administrative Law, 8th edition, United Kingdom: Oxford University Press.
- Longley D. & James R. (1999), Administrative Justice: Central Issues in UK and European Administrative Law, first published, London, Sydney: Cavendish Publishing Ltd.
- Pollard David, Parpworth Neil and Hughes David (2007), Constitutional and Administrative Law: text with materials, Forth Edition, New York: Oxford University Press.
- Wade H. W. R and Forsyth C. F. (2000), Administrative Law, Oxford: Oxford University Press.
Journal of Comparative Law
Volume 2, Issue 1
April 2016
Pages 51-69

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History

  • Receive Date: 01 January 2016
  • Revise Date: 31 January 2016
  • Accept Date: 01 March 2016

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