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Contextual Review: The Instinctive Impulse and Unstructured Normativism in Judicial Review

journal contribution
posted on 19.05.2020 by Dean Knight
© 2020 The Society of Legal Scholars. Contextual review is a judicial method that rejects doctrinal or categorical methods to guide judicial supervision of administrative action. Judges are invited to assess the circumstances of a claim in the round without any doctrinal scaffolding to control the depth of scrutiny; in other words, intervention turns on an instinctive judicial impulse or overall evaluative judgement. This paper identifies and explains the various instances where this method is deployed in judicial review in Anglo-Commonwealth administrative law. The efficacy of this style of review is also evaluated, using rule of law standards to frame the analysis. Its increasing popularity is a worrying turn, in part because its reliance on unstructured normativism undermines the rule of law.

Funding

RSL (2019-2020)

History

Preferred citation

Knight, D. (2020, March). Contextual Review: The Instinctive Impulse and Unstructured Normativism in Judicial Review. In Legal Studies (40(1) pp. 1-21). Cambridge University Press (CUP). https://doi.org/10.1017/lst.2020.1

Journal title

Legal Studies

Volume

40

Issue

1

Publication date

01/03/2020

Pagination

1-21

Publisher

Cambridge University Press (CUP)

Publication status

Published

Contribution type

Article

ISSN

1748-121X

eISSN

0261-3875

Language

en

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