Tag: Administrative Law

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 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 […]

Revising for your 2014 Public Law exam? Here are some of this year’s key developments and blog highlights

If you are studying Public Law (or Constitutional Law) this year, you will know that it is a fast-moving field. And if you are currently revising for an exam in this area, you will no […]

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 […]

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 […]

The Miranda case, the fair-balance test, and deference

The Divisional Court’s judgment in the David Miranda case—Miranda v Secretary of State for the Home Department [2014] EWHC 255 (Admin)—has already attracted a considerable amount of comment, including by Fiona de Londras, Rosalind English, […]