Category: Administrative Law
Oakley v South Cambridgeshire District Council: The maturing of the common law duty to give reasons
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 […]
Distinguishing Anisminic? Ouster clauses, parliamentary sovereignty and the Privacy International case
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
Elliott & Varuhas: Administrative Law
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.
The House of Lords Constitution Committee reports on Article 50
By Mark Elliott and Stephen Tierney
Judicial Power’s 50 “problematic” cases and the limits of the judicial role
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 […]
The duty to give reasons and the new statutory “makes no difference” principle
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 2016 Sir David Williams Lecture: The Lion Beneath the Throne
On 4 March 2016, Sir Stephen Sedley delivered the 2016 Sir David Williams Lecture at the Faculty of Law in Cambridge. Sedley took as his title ‘The Lion Beneath the Throne: Law as History’. The arguments he advanced […]
