discretion
David Miranda and the Constraints of the “Prescribed by Law” Requirement: Miranda v. Home Secretary, [2014] EWHC 255
Laws L.J. delivered the judgment of the Divisional Court yesterday in Miranda v. Home Secretary, [2014] EWHC 255, a judgment explained by Rosalind English and Carl Gardner, and aspects of which have also been discussed by Fiona de Londras and Colin Murray. Miranda, en route to Berlin to share confidential information with a journalist, was […] Read more
The Thin Line between Law and Discretion
A recurring issue in the law of judicial review is the distinction between law and discretion. Where this matters the most is in substantive review: should a similar standard of reasonableness be applied to questions of law and exercises of discretion? The Supreme Court of Canada has been sceptical of attempts to distinguish between the […] Read more
Adequate Alternative Remedies and the Right to Bring Judicial Review Proceedings
An interesting aspect of the Irish Supreme Court decision in EMI Records (Ireland) Ltd. v. The Data Protection Commissioner, [2013] IESC 34 is that judicial review proceedings were taken by the applicants even though they were not targeted by the enforcement notice issued by the respondent. This notice was legally flawed: see my previous post […] Read more
More on Discretion: Sentencing
The Supreme Court of the United States handed down Peugh v. United States today. The individual in question was sentenced according to the harsher set of sentencing guidelines that were in force at the time of sentencing rather than the milder set that were in force at the time he committed the offences. The majority […] Read more
Governance of First Nations: Federal Court Exercises Discretion not to Grant Relief
Canada’s relationship with its First Nations has been in the news a great deal recently, due to the Idle No More protests. Governance is a central issue in current political discourse and it was also at the centre of Gamblin v. Norway House Cree Nation Band Council, 2012 FC 1536. Here, the respondent had approved […] Read more
Justice Stratas on Reasonableness and Context
Justice Stratas voiced some interesting thoughts on the meaning of reasonableness and context in Canada (Attorney General) v. Abraham, 2012 FCA 266: [44] For example, where the decision-maker is considering a discretionary matter that is based primarily on factual and policy matters having very little legal content, the range of possible, acceptable […] Read more