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Apex Courts and the Common Law
A new edited collection from the University of Toronto Press Read more
Administrative Law Matters
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Statute, Prerogative and Grounds of Review
One of the issues which recurred in the UK Supreme Court’s hearing of the prorogation litigation this week (see my posts here, here and here) was whether the grounds of review applied to exercises of statutory powers are equally applicable to prerogative powers. The Court’s previous decision in R (Sandiford) v Foreign and Commonwealth Secretary […] Read more
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The Progogation Litigation — Some Doctrinal Niceties: Cherry v Advocate General [2019] CSIH 49
In a bombshell judgment last week, the Inner House of the Court of Session unanimously held in Cherry v Advocate General [2019] CSIH 49 that Prime Minister Johnson’s advice to prorogue Parliament was unlawful. Eleven judges of the UK Supreme Court will begin hearing the prorogation litigation tomorrow, with submissions to be spread over three […] Read more
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Justiciability and the ‘Political Question’ Doctrine: R (Miller) v Prime Minister [2019] EWHC 2381 (QB)
In 2010, I wrote an article in Public Law which is newly relevant because of court challenges to Boris Johnson’s advice to the Queen to prorogue Parliament. I’ve uploaded the paper to SSRN. Here is the abstract: In this paper, published in 2010 but relevant again as the UK courts consider the lawfulness of Boris […] Read more
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Process, Substance and the Influence of Judicial Review on Public Administration: Ofsted v Secretary of State for Education [2018] EWCA Civ 2813
I found the decision of the Court of Appeal of England and Wales in Ofsted v Secretary of State for Education [2018] EWCA Civ 2813 to be a nice illustration of two important phenomena: first, the extent to which administrators internalize the norms generated by judicial development of the principles of judicial review of administrative […] Read more