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Tag: Administrative Law

Administrative Law 1

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 R (Ignaoua) v Secretary of […]

Administrative Law 9

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 is said that the Ministry […]

Constitutional Law 6

Muddled thinking in the Supreme Court on the “third source” of governmental authority

In R v Somerset County Council, ex p Fewings [1995] 1 All ER 513, 524, Laws J said that whereas individuals “may do anything … which the law does not prohibit”, the “opposite” rule applies to public bodies: anything that they do “must be justified by positive law”. This suggests that for a “public body” (whatever that means) to do […]

Other 0

Government pressing ahead with (most of) its proposals to restrict access to judicial review

The Ministry of Justice has just released a response to the comments generated by the consultation paper on judicial review that was published in December. (For a simple overview of the proposals contained in the consultation paper, see this post.) Unsurprisingly, the Government has signalled that it intends to press ahead with most of the proposals upon which it consulted. […]

Administrative Law 3

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 approach to administrative law.

Other 0

Senior judiciary publishes response to judicial review consultation

The senior judiciary has published its response to the Ministry of Justice’s consultation paper on judicial review. (It is normal practice for the judiciary to publish such responses 30 days after the consultation period ends.) In their paper, the Lord Chief Justice, the Master of the Rolls, the President of the Queen’s Bench Division, Lord Justice Maurice Kay (Vice President of […]