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Category: Administrative Law

Administrative Law

Declarations, quashing orders and declaratory judgments: The Hawke case and section 84 of the Criminal Justice and Courts Act 2015

Under Chris Grayling’s stewardship of the Ministry of Justice, the view took hold—ample evidence to the contrary notwithstanding—that too many claims for judicial review were being initiated, and that judicial review was being used abusively for ‘political’ purposes. One of the ill-conceived ideas that grew out of this unfounded notion was that courts should be required to withhold relief in judicial-review […]

Administrative Law

Now published: Wilberg and Elliott (eds), The Scope and Intensity of Substantive Review: Traversing Taggart’s Rainbow

I am pleased to announce the publication of The Scope and Intensity of Substantive Review: Traversing Taggart’s Rainbow, which I co-edited with Hanna Wilberg. Inspired by the work of the late Professor Michael Taggart, this collection of essays from across the common law world is concerned with two separate but related themes. First, to what extent and by what means should review […]

Administrative Law

Book chapter: From Bifurcation to Calibration — Twin-Track Deference and the Culture of Justification

I am pleased to be able to share a near-final draft of my chapter in The Scope and Intensity of Substantive Judicial Review: Traversing Taggart’s Rainbow. The book is a collection of essays, inspired by the work of the late Professor Michael Taggart, and edited by Hanna Wilberg and me. It will be published shortly by Hart Publishing. My chapter […]

Administrative Law 3

From bad to worse: The Justice Secretary on judicial review

I have written on several previous occasions — most recently in this post — about the Government’s attempts to restrict access to judicial review through the Criminal Justice and Courts Bill and, in particular, about the attempts of the Justice Secretary, Chris Grayling MP, to justify the Government’s position. As part of ongoing legislative ping-pong between the House of Commons […]

Administrative Law 0

Human rights, proportionality and the judicial function: R (Carlile) v Home Secretary in the Supreme Court

The Supreme Court’s judgment in R (Carlile) v Secretary of State for the Home Department [2014] UKSC 60 (press summary) (judgment) raises some interesting and significant points about the role of the courts when applying the proportionality test in cases concerning interferences with qualified human rights. The central question was whether the Home Secretary had breached the right to freedom […]