John Mceldowney
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in Democratization through the looking-glass

This chapter offers a legal perspective on democratization. In doing so, it focuses on a tightly linked set of issues, straddling the border between political and judicial power. These issues have arisen in, first, the United Kingdom, second, Britain's relationship with the European Union, and third, the wider international system. All the law relating to administrative law is judicially created and self-executed in terms of legal tests and criteria for the grounds for judicial review, the rules of standing and the remedies available to the claimant, culminating for the first time in the creation of an administrative court. The chapter provides the Human Rights Act 1998 as a case study of how incorporation of the European Convention on Human Rights into domestic law of the United Kingdom may provide judges with greater discretion than hitherto. This Act has provided opportunities for litigation and greater legal complexity in decision-making.

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