
Contents
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Scene‐setting: jurisprudential architecture Scene‐setting: jurisprudential architecture
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Regulatory development: common law perspective Regulatory development: common law perspective
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Then and now Then and now
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Process: judicialization and beyond Process: judicialization and beyond
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Judgement and expertise: respect Judgement and expertise: respect
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Broader horizons: multi‐streamed jurisdiction Broader horizons: multi‐streamed jurisdiction
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The Single Market… The Single Market…
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And Convention rights And Convention rights
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Shifting landscape Shifting landscape
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‘Public + private’ ‘Public + private’
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High‐powered tribunals: CAT High‐powered tribunals: CAT
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Conclusion Conclusion
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14 14 Changed Conditions, Old Truths: Judicial Review in a Regulatory Laboratory
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Published:December 2010
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Abstract
This chapter demonstrates how, starting from a low base, domestic judges have become more involved in regulating the regulators. This development reflects and reinforces key trends in UK regulatory reform and is in line with general jurisprudential development, which encompasses expansionary elements of common law, EU law, and Convention rights. It is argued, however, that for good reason the judicial contribution remains determinedly modest. Constitutional and institutional limitations on the courts' role, commonly expressed today in the language of ‘deference’, point firmly in this direction — or away from so-called ‘hard look review’. Examination of the dynamics of the litigation also reveals several sets of tensions that generate further pressures for change. Prominent among these is the challenge presented to judicial review and the ordinary courts by competition law and high-powered specialist tribunals, and the practice of both weak substantive review and increasingly assertive procedural supervision.
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