Administrative Law Matters

Commentary on developments in administrative law, particularly judicial review of administrative action by common law courts.

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Some Draft Papers

I have an unusually large number of draft papers which I am unable for various reasons to post on SSRN. I would, however, be very happy to share them with any readers who may be interested in having a look: “Substantive Review in the Common Law World: AAA v Minister for Justice [2017] IESC 80 in […] Read more

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Three Aspects of Anisminic

Cross-posted from the Administrative Law in the Common Law World symposium on ouster clauses I want to explore three aspects of the decision in Anisminic v Foreign Compensation Commission [1969] 2 AC 147 which are relevant to the Privacy International ouster clause litigation. I will explain their relevance by reference to comparative materials. First, the […] Read more

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Privacy International Blog Symposium

Last month, the Centre for Public Law here at the University of Cambridge hosted a one-day symposium on the Privacy International litigation (see my previous posts on the case, here and here). Blog posts written by the symposium participants are now appearing on the Administrative Law in the Common Law World blog in the run-up to the […] Read more

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Parliamentary Sovereignty and Intergovernmental Agreements: Reference re Pan‑Canadian Securities Regulation, 2018 SCC 48

Last Friday the Supreme Court of Canada cleared the way (at last) for a national securities regulator. In Reference re Pan‑Canadian Securities Regulation, 2018 SCC 48, on appeal from a reference to the Quebec Court of Appeal by the provincial government, the Court advised that the legislative and regulatory system envisaged by the Cooperative Capital […] Read more

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The Onward March of Declaratory Relief?

A hundred-odd years ago, Farwell LJ noted that the emerging concept of declaratory relief can provide “a speedy and easy access to the Courts for any of His Majesty’s subjects who have any real cause of complaint against the exercise of statutory powers by Government departments and Government officials…” (Dyson v Attorney-General (No. 1) [1911] […] Read more