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Bamzai: The Origins of Judicial Deference to Executive Interpretation

Paul Daly April 19, 2017

Professor Aditya Bamzai has a fascinating piece in the Yale Law Journal entitled “The Origins of Judicial Deference to Executive Interpretation“: Judicial deference to executive statutory interpretation—a doctrine now commonly associated with the Supreme Court’s decision in Chevron v. Natural Resources Defense Council—is one of the central principles in modern American public law. Despite its […] Read more

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The Law and Politics of the Article 50 Process

Paul Daly April 13, 2017

Francophile readers might be interested in a post I contributed to the Blogdroiteuropéen on the law and politics of Article 50, concentrating on the difficulties of ensuring the status of EU nationals in the UK; the Irish question; and the difficulties of negotiating a UK-EU free trade agreement: Les deux prochaines années s’annoncent houleuses pour […] Read more

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Designing Administrative Redress Systems

Paul Daly April 7, 2017

Robert Thomas and Joe Tomlinson have an excellent post entitled “A Design Problem for Judicial Review: What we know and what we need to know about immigration judicial reviews“: The policy issue here is, at its core, about the choice of appropriate redress mechanism. Some immigration-related grievances will be suited to judicial review because they […] Read more

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Studying Review and Appeal Routes: R (Zahid) v The University of Manchester [2017] EWHC 188

Paul Daly March 21, 2017

The procedural intricacies of judicial review of administrative action can create pitfalls for the unwary. Various principles are relevant and sometimes they (seem to) come into conflict with one another. For instance, an applicant should exhaust alternative remedies before applying for judicial review, a principle that is of one with the general move in the […] Read more

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Voidness, Voidability, Values

Paul Daly March 10, 2017

Cross-posted from the Administrative Law Blog. There is a nice passage early on in Amnon Rubinstein’s Jurisdiction and Illegality (Oxford, Clarendon, 1965). Responding to a claim of Hans Kelsen that voidness is a monolithic concept and arguing instead for a distinction between unlawful decisions that are void and those that are merely voidable, Rubinstein writes […] Read more