Lord Sumption on the limits of the judicial role

In his recent Sultan Azlan Shah Lecture, Lord Sumption addresses “The Limits of Law”—or, more accurately, given the content of the lecture, the limits of the judicial role. Sumption seeks to establish that there is limited scope for judges legitimately to adjudcate upon questions concerning the balance to be struck fundamental rights and conflicting interests. The … Continue reading Lord Sumption on the limits of the judicial role

Justification, calibration and substantive judicial review: putting doctrine in its place

This post is a working paper. It contains some ideas I am developing for a longer piece which will appear in an edited collection on substantive judicial review. This working paper, which was first published on the UK Constitutional Law Blog, can also be downloaded from SSRN. To observe that substantive judicial review, and the notions of proportionality … Continue reading Justification, calibration and substantive judicial review: putting doctrine in its place

Is the margin of appreciation something that domestic courts should be applying?

I am working on some online updates for my Administrative Law book at present. In the course of doing so, I came across R (S) v Secretary of State for Justice [2012] EWHC 1810 (Admin) – in which Sales J has some interesting (but debatable) things to say about the margin of appreciation doctrine. The case … Continue reading Is the margin of appreciation something that domestic courts should be applying?