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Tag: Administrative Law

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 […]

Administrative Law 0

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 founded has been unclear. In Rashid, the Court of Appeal appeared to be willing to hold that a legitimate expectation had been established even though […]

Administrative Law 0

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 Transport [2014] UKSC 3 (see this post) and  Osborn v Parole Board [2013] UKSC 61 (see this post)—in which the Court has placed very specific emphasis on the […]

Administrative Law 0

Reasonableness review and the Court of Appeal’s decision in the Prince Charles correspondence case

I have written before about the saga concerning the disclosure of so-called advocacy correspondence sent by Prince Charles to Government Departments: in particular, about the Upper Tribunal’s decision, holding that the correspondence had to be released under the Freedom of Information Act 2000; the Attorney-General’s subsequent decision to use the “veto” power under that Act to block disclosure in spite […]