Category: Administrative Law

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

I recently completed work on a book, co-edited with Hanna Wilberg of The University of Auckland, entitled The Scope and Intensity of Substantive Review: Traversing Taggart’s Rainbow. The book will be published in 2015 by Hart Publishing. […]

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 […]

Lords Woolf and Brown on proposed limitation of judicial review

I have written before about (what is now) clause 64 of the Criminal Justice and Courts Bill. If enacted, it will insert new provisions into s 31 of the Senior Courts Act 1981 such that […]

The Immigration Act 2014: Judicial review, proportionality and democratic deference

In my first post on section 19 of the Immigration Act 2014, I explained that it sets out to modify the way in which courts and tribunals determine immigration cases. It does so by directing […]

Judicial review reform: the report of the Joint Committee on Human Rights

The parliamentary Joint Committee on Human Rights has published its report on The implications for access to justice of the Government’s proposals to reform judicial review (HL 174 HC 868 2013-14). The report is, perhaps […]

From legitimate expectation to a doctrine of consistency: DM v Home Secretary

Ever since the decision of the Court of Appeal in R (Rashid) v Home Secretary [2005] EWCA Civ 744, the extent to which knowledge of the relevant policy or undertaking is required if a legitimate expectation is to be […]

Common-law constitutionalism and proportionality in the Supreme Court: Kennedy v The Charity Commission

The Supreme Court’s judgment last week in Kennedy v The Charity Commission [2014] UKSC 20 is the latest in a series of decisions—including, most notably,  R (HS2 Action Alliance Ltd) v Secretary of State for […]