Category: administrative law

Justification, calibration and substantive judicial review: putting doctrine in its place

This post is a working paper. It contains some ideas I am developing for a longer piece which will appear in an edited collection on substantive judicial review. This working paper, which was first published on the UK Constitutional Law Blog, can also be downloaded from SSRN. To observe that substantive judicial review, and the notions of proportionality

Continue reading

New Ministry of Justice consultation paper – Judicial Review: Proposals for Further Reform

The Ministry of Justice has published a consultation paper on Judicial Review: Proposals for Further Reform. Here is a brief summary of the main proposals: Planning judicial reviews would be transferred from the Administrative Court to a specialist chamber of the Upper Tribunal (most likely a revamped and rebranded Lands Chamber). Local authorities may be restricted

Continue reading

Consultation on limiting judicial review imminent?

According to today’s Daily Mail, the government will shortly be launching a consultation on limiting access to judicial review. It reports: Charities and ‘professional’ campaign groups will no longer be allowed to use the courts to delay major house-building projects or government cuts to benefits, under plans unveiled today. Justice Secretary Chris Grayling wants to stop activists

Continue reading

The government’s power to terminate judicial review cases, the rule of law, and the limits of political constitutionalism

A Tunisian man, whose British wife and son live in the UK, is excluded from the country on national security grounds. He challenges that exclusion decision by way of judicial review, but the government “terminates” the proceedings. If that sounds like a Kafkaesque nightmare, then think again. Precisely that factual matrix was at stake in

Continue reading

Special issue of Judicial Review on legal aid proposals

The Hart Publishing journal Judicial Review has published a special issue concerning the government’s legal aid proposals. The special issue contains a joint opinion written by Michael Fordham, Ben Jaffey and Ravi Mehta on the legality of the proposed residence test for civil legal aid, together with the consultation responses of several groups, including the Bingham

Continue reading
No comments

Standing, judicial review and the rule of law: why we all have a “direct interest” in government according to law

According to reports in today’s Times (£) and Telegraph, the government is planning a further set of reforms to judicial review. (I have written before about why the original proposals, published in December 2012, were objectionable—and about the fact that the government pressed ahead with many, but not all, of them, excoriating criticism notwithstanding.) Today, it

Continue reading

Jurisdictional error and the law/fact distinction: Jones (by Caldwell) v First-tier Tribunal [2013] UKSC 19

Earlier today, the Supreme Court gave judgment in Jones (by Caldwell) v First-tier Tribunal [2013] UKSC 19. It contains an interesting discussion of the distinction between errors of fact and of law, and, I think, provides a further insight (following its decision in R (Cart) v Upper Tribunal [2011] UKSC 28) into the Supreme Court’s

Continue reading

Is the margin of appreciation something that domestic courts should be applying?

I am working on some online updates for my Administrative Law book at present. In the course of doing so, I came across R (S) v Secretary of State for Justice [2012] EWHC 1810 (Admin) – in which Sales J has some interesting (but debatable) things to say about the margin of appreciation doctrine.