Tag: deference

Beyond Sark: The implications of the Barclay case

Although at one level astonishingly complex, the issues at stake in R (Barclay) v Secretary of State for Justice (No 2) [2014] UKSC 54 (press summary) (judgment) can be stated relatively simply for the purpose of […]

The right to die: deference, dialogue and the division of constitutional authority

The UK Supreme Court’s decision in R (Nicklinson) v Ministry of Justice [2014] UKSC 38 is one of the most constitutionally significant and interesting judgments that has been given under the Human Rights Act 1998 […]

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 […]

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 […]

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 […]

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) – […]