From Ambiguity to Legality: The Future of English Judicial Review

Contends that, in English judicial review, there may be a trend away from the ambiguity precondition toward the enforcement of the common law principle of legality. Dominant notions of English parliamentary sovereignty are sketched, addressing some common law responses to the idea that Parliament has unfettered legal authority. Building on common law theory & drawing on Lord Steyn's speech in the Simms case (2000), articulated is a doctrine of judicial review wherein fundamental common law principles operate at a structural level to balance the allocation of public powers & responsibilities & to aid the courts in promoting & defending individual rights against administrative encroachment. J. Zendejas