What should an appellate court do in an appeal from an application of the proportionality test by a lower court? In his judgment for a unanimous UK Supreme Court in R (AR) v Chief Constable of Greater Manchester Police [2018] UKSC 48, Lord Carnwath concluded that the appellate court need not conduct the proportionality analysis […] Read more

Following up on last week’s post on the public/private divide in Irish law and, indeed, last month’s post on the scope of judicial review in Canada, readers may be interested in  the most recent treatment by the Irish Supreme Court of the scope of judicial review, to be found in the fascinating case of O’Connell […] Read more

In Re X, 2017 CanLII 33034 (CA IRB), an important case I missed when it was decided last year, the Refugee Appeal Division of Canada’s Immigration and Refugee Board sat as a three-member panel with a view to setting out general rules as to how the RAD should deal with appeals from the (first-instance) Refugee […] Read more

I have been working on the “Scope of Judicial Review” chapter of Administrative Law in Ireland. There has been some controversy in recent times about the use of judicial review principles in a private law setting (see Varuhas and Lim & Chan). But in Ireland, as you will see from the extracts below, it is […] Read more