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DataBank, Bodleian Libraries, University of Oxford
Doctoral thesis . 2023
License: rioxx All Rights Reserved
Data sources: Datacite
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Administrative jurisdiction

Authors: Ryu, A;

Administrative jurisdiction

Abstract

Jurisdiction is the extent of a power. This gives rise to an important distinction. Jurisdictional errors take an authority outside the scope of its power. Nonjurisdictional errors do not, even if they render the ensuing exercise of power unlawful. Unwelcome baggage has made the task of arriving at a coherent account of jurisdiction needlessly difficult. That baggage is the common assumption that lack of jurisdiction is the sole basis for judicial review. This is wrong. Abandoning it makes space for an attractive account of when an error is jurisdictional. An error is jurisdictional if (i) it is an instance of a kind of error, in the sense of ground of review, which could arise at the outset of proceedings, but (ii) it does not pertain to a collateral matter, the purpose of which is tangential to the purpose of the inquiry. I shall call this the revised temporal view of jurisdiction. It accepts the possibility of judicial review on both jurisdictional and nonjurisdictional grounds. But the distinction has practical significance for at least three reasons. First, only acts with a jurisdictional flaw are nullities. Second, jurisdictional questions take analytical priority over nonjurisdictional ones. Third, post hoc explanations are only acceptable for jurisdictional issues.

Country
United Kingdom
Keywords

Administrative law

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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
0
Average
Average
Average
Green
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