Twelve years ago, the Court of Appeal said—in R (Association of British Civilian Internees (Far East Region)) v Secretary of State for Defence  EWCA Civ 473—that, given its perceived deficiencies when viewed alongside the proportionality doctrine, it was difficult to see ‘what justification there now is for retaining the Wednesbury test’. However, said the
I am pleased to be able to share a near-final draft of my chapter in The Scope and Intensity of Substantive Judicial Review: Traversing Taggart’s Rainbow. The book is a collection of essays, inspired by the work of the late Professor Michael Taggart, and edited by Hanna Wilberg and me. It will be published shortly
I recently completed work on a book, co-edited with Hanna Wilberg of The University of Auckland, entitled The Scope and Intensity of Substantive Review: Traversing Taggart’s Rainbow. The book will be published in 2015 by Hart Publishing. In the meantime, a copy of the editors’ introduction can be downloaded here. Inspired by the work of Professor Michael Taggart,
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
In its recent decision in R (Rotherham MBC) v Secretary of State for Business, Innovation & Skills  EWHC 232 (Admin), the Administrative Court considered a challenge, brought by several local authorities, to decisions concerning the allocation of EU structural funding as between the four constituent countries of the UK and as between English regions.
In his recent annual lecture to the Constitutional and Administrative Law Bar Association, Lord Carnwath spoke to the title: “From judicial outrage to sliding scales—where next for Wednesbury?” In this post, I outline some of the key points made in the lecture and offer some critical commentary on the approach to substantive judicial review commended by Carnwath. Much
The Administrative Court gave judgment earlier today in R (Evans) v Attorney-General  EWHC 1960 (Admin). The case concerns a challenge to the legality of the Attorney-General’s decision to use s 53 of the Freedom of Information Act 2000 to block the disclosure of letters written to Ministers by Prince Charles. The s 53 veto
Sir Philip Sales has an interesting piece in the latest edition of the Law Quarterly Review. In “Rationality, Proportionality and the Development of the Law” (2013) 129 LQR 223, Sales responds to the argument—advanced perhaps most robustly by Paul Craig—that the Wednesbury doctrine of unreasonableness should be supplanted by the proportionality test. As such, Sales