This is the penultimate post in the series on the 50th anniversary of the Kerr Report, cross-posted from the Australian Public Law blog. In the 1970s Australia was poised to move ahead of the world in allowing access to government information. Just before the federal election in 1972 the Australian Labor Party promised legislation for […] Read more

Laden down with red wine and chocolate, the fruits of a Friday-afternoon trip to the shops on rue Daguerre, I struggled to hoist my luggage onto the Eurostar, at the end of a recent visit to Paris. Such are the delights of life in the European Single Market. Better to stock up now, I reflected, […] Read more

Here is a long post on the relevance of administrative law values (see my articles, here and here) to the difficult issue of jurisdictional error in English administrative law. Comments welcome! A useful starting point for a discussion of jurisdictional error is the following proposition: “any grant of jurisdiction will necessarily include limits to the […] Read more

I have a new essay on SSRN, “Administrative Law: A Values-Based Approach“, prepared for the inaugural Public Law Conference at the University of Cambridge later this year. This is the latest in a series of mini-posts. Download the whole essay here. Substantive Review In many jurisdictions it is now accepted that where an administrative decision-maker […] Read more

I have a new essay on SSRN, “Administrative Law: A Values-Based Approach“, prepared for the inaugural Public Law Conference at the University of Cambridge later this year. This is the latest in a series of mini-posts. Download the whole essay here. Procedural Fairness It has long been understood that the rules of procedural fairness vary […] Read more

There is an interesting piece over at the RegBlog on agency capture and review by America’s Office of Information and Regulatory Affairs of agency inaction. Michael Livermore and Richard Revesz argue that agency failures to act may well result from agency capture and may be as damaging as inefficient agency action resulting from capture. Accordingly, […] Read more