Some Reflections on Remedies in Administrative Law

Abstract

Analysis ; This article argues that some of the existing procedural requirements in traditional judicial review proceedings will have to be modified in light of the increasing number of challenges against constitutionality of legislation. It also argues for a more flexible approach to the granting of declaratory relief and damages in judicial review, and while it advocates in favour of a power to grant a stay of a declaration of unconstitutionality of legislation, it queries whether such an approach has been adopted in practice. ; published_or_final_version