Judicial review of executive discretion with particular reference to the Housing Act, 1949

Abstract

My original intention in taking up Judicial Review as a subject for this Thesis, was to explore the various ramifications of executive discretion, and the questions which it poses to legal scholars and practitioners in the contemporary world. The study of Judicial Review could then proceed on comparative lines, including insights into the American, French and Scandinavian practice. Practical difficulties however, made me realise the narrow limits to which I had to commit myself. The chapter on the Italian system was drawn up from the scanty material available at the R.U.M. library, and I must admit, I found myself at times in awkward positions, discussing delicate questions which must have (?) the ingenuity of Italian theorists. I trust, however, that the chapter gives a fair account of the manner in which Judicial Review operates in Italy. One must also admit the limited scope in which the chapter on the Maltese position is discussed. I met considerable drawbacks in tracing unreported cases connected with the subject. The absence of a proper systematic classification of cases at the Courts' Archives may account for any unintended omission.