We use cookies to distinguish you from other users and to provide you with a better experience on our websites. Close this message to accept cookies or find out how to manage your cookie settings.
We use cookies to distinguish you from other users and to provide you with a better experience on our websites. Close this message to accept cookies or find out how to manage your cookie settings.
Published online by Cambridge University Press: 18 August 2022
This chapter introduces the central technical apparatus to describe official action and thus, also, to describe the mechanics of judicial review of official action implicit in the traditional terminology of ‘ultra vires', that is, acting ‘beyond one's powers'. Officials are reposed with powers in virtue of rules of two types, which I call rules of competence and rules of conduct. These are not just labels of convenience, they explain the constitution of office and the inherently legal and limited nature of official vires. They box out the ‘space’ in which an official (i) can and (ii) may act lawfully, which space I call ‘Spielraum'. This concept relates to a modified Hohfeldian schema of jural relations which removes the temptation of "residual liberties" as a valid category of the official legal position.
To save this book to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.
Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.
Find out more about the Kindle Personal Document Service.
To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.
To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.
