Registration for this year’s Administrative Law & Governance Colloquium is now open: register here. The topic for the 2023 edition will be “The Legitimacy of the State”: The legitimacy of contemporary liberal democratic states is in a state of flux. Managing the effects of globalization, responding to the COVID-19 pandemic and fighting escalating inflation have […] Read more
From the Court of Appeal for England and Wales, here is an interesting recent judicial review decision about the effect of international agreements, and the role of the courts, in dualist legal systems: R. (Friends of the Earth) v. Secretary of State for International Trade, [2023] EWCA Civ 14. Here, Friends of the Earth sought […] Read more
In an earlier post, I introduced the duty of candour in judicial review proceedings, which has been recognized by courts across the common law world. This is to be distinguished from those duties of candour that apply in national security proceedings, to regulated professionals and in private law settings. In this and subsequent posts I […] Read more
Yesterday, for the first time, the UK Government used s. 35 of the Scotland Act 1998 to prevent the Presiding Officer of the Scottish Parliament from presenting a Bill for Royal Assent. The Bill in question is the Gender Recognition (Reform) Bill, which makes it easier to obtain a Gender Recognition Certificate under Scots law, […] Read more
The New Zealand Supreme Court’s recent decision in Moncrief-Spittle v Regional Facilities Auckland Limited [2022] NZSC 138 contains an illuminating discussion of many important issues, including the obligation of public decision-makers to take human rights into account in their decision-making processes. The incident which gave rise to the underlying litigation was the cancellation of an […] Read more
