The Unison case is an important victory for workers who wish to enforce their rights in Employment Tribunals. But the Supreme Court’s judgment also implicates some key principles of UK constitutional law — and raises a question about how far courts can go in upholding such principles.
Category: administrative law
In Secretary of State for Work & Pensions v Carmichael, the Government argued that the First-tier Tribunal could not intervene when housing benefit was reduced under ECHR-incompatible regulations. The Upper Tribunal disagreed. In doing so, it was on strong constitutional ground.
One of the first posts I wrote on this blog concerned the Supreme Court’s decision in Jones v First-tier Tribunal [2013] UKSC 19. At the heart of the case was the distinction between questions of law and fact, and its implications for judicial oversight of tribunals. The distinction is important because if an issue that
The Admin Law Blog is a new multi-author blog concerning administrative law in the common law world. I am pleased, at the request of the editors, to cross-post the following piece, in which they announce the launch of their site and set out their vision for it.
In Oakley v South Cambridgeshire District Council [2017] EWCA Civ 71, a Court of Appeal with strong public law credentials — consisting of Elias, Patten and Sales LJJ — addressed the scope of the common law duty to give reasons. In this area, the orthodox position has long been understood to consist in the principle
Ouster clauses raise difficult questions about the relationship between the constitutional principles of the rule of law and the sovereignty of Parliament — as the disagreement between the two judges in this case demonstrates
The fifth edition of Administrative Law has been published by Oxford University Press. The new edition is co-written by Mark Elliott, Professor of Public Law at the University of Cambridge, and Jason NE Varuhas, Associate Professor of Law at the University of Melbourne. The following blogpost is based on the authors’ preface to the fifth edition.
By Mark Elliott and Stephen Tierney
The Judicial Power Project has published a list of 50 “problematic” cases. It makes for interesting reading. The aim of the Judicial Power Project is to address the “problem” of “judicial overreach” which, it is said, “increasingly threatens the rule of law and effective, democratic government”. It is odd, therefore, to find on Judicial Power’s
I wrote in December about what might loosely be termed the “makes no difference” principle introduced by section 84 of the Criminal Justice and Courts Act 2015, which inserts new provisions into section 31 of the Senior Courts Act 1981. The effect is that in judicial review proceedings the High Court must refuse relief if it
