Judicial review at the margins: law, power, and prerogative

Poole, T.ORCID logo (2010). Judicial review at the margins: law, power, and prerogative. University of Toronto Law Journal, 60(1), 81-108. https://doi.org/10.3138/utlj.60.1.81
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This essay on judicial review approaches its subject obliquely. It focuses on a particular site of constitutional abnormality: prerogative power. An analysis of the various iterations, historical and contemporary, between law and prerogative in its specific, rooted setting provides the basis for a more general account of the contemporary nature and role of judicial review, at a time when we appear to be entering a new ‘age of prerogative’ based on the politics of security and fear.

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