Tag: administrative law

Call for Papers: W G Hart Legal Workshop 2017

The next W G Hart Workshop is being convened by two of my Cambridge colleagues, Professor Peter Cane and Dr Hayley Hooper, and Professor Jeff King of UCL. The title of the 2017 Workshop is “Law, Society and Administration in a Changing World”. The call for papers issued by Professor Cane, Dr Hooper and Professor King is reproduced below.

Cambridge Public Law Conference 2016 — Draft Programme and Registration Deadline

The second in the biennial series of Public Law Conferences will be held in Cambridge from 12 to 14 September 2016 in the Faculty of Law in Cambridge. Convened by John Bell, Mark Elliott, Jason Varuhas and Shona Wilson Stark, the conference will bring together speakers and delegates from across the common law world. The

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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 said, “increasingly threatens the rule of law and effective, democratic government”. It is odd, therefore, to find on Judicial Power’s

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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 Senior Courts Act 1981. The effect is that in judicial review proceedings the High Court must refuse relief if it

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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 were subtle and wide-ranging, and cannot be done justice in a short post. A key aspect of the position adopted in

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Ali v United Kingdom: Article 6(1) ECHR and administrative decision-making

To say that the extent to which Article 6(1) of the European Convention on Human Rights applies to administrative decision-making is a vexed issue would be something of an understatement. That it is such a problematic area is thanks in large part to the somewhat chaotic case law of the Strasbourg Court in this area.

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Bell, Elliott, Varuhas and Murray (eds): Public Law Adjudication in Common Law Systems: Process and Substance

In September 2014,together with my colleagues John Bell, Jason Varuhas and Philip Murray, I co-convened a conference in Cambridge on the subject of Process and Substance in Public Law—the first in a series of major international conferences on public law. Hart Publishing has now published Public Law Adjudication in Common Law Systems: Process and Substance, a collection of

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From Heresy to Orthodoxy: Substantive Legitimate Expectations in English Public Law

I recently finished work on a paper examining the development of the doctrine of legitimate expectation. Entitled ‘From Heresy to Orthodoxy: Substantive Legitimate Expectations in English Public Law’, the piece begins by noting that while English administrative law is unusual in the common law world for its embrace of the doctrine of substantive legitimate expectation, it

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Youssef: Another Supreme Court decision, another set of obiter dicta on substantive judicial review

Supreme Court judgments addressing—but not resolving—the future direction of substantive judicial review have been coming thick and fast in the last year or two. Notable examples include Kennedy v The Charity Commission [2014] UKSC 20 (on which I posted here), Pham v Secretary of State for the Home Department [2015] UKSC 19 (blog post) and

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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

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