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Human Rights in Administrative Decision-making II: Organizational and Ontological Reasons for the Inevitability of Administrative Discretion and Judgement

This is the second post in a series. The first post can be found here. Even if we were to allow, for the sake of argument, that statutory provisions are always clear, discretion and judgement could not be eliminated from administrative decision-making. With respect to the administration of statutes – their implementation by front-line officials […] Read more

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ANU Law 60th Anniversary Conference: Public Law and Inequality

To mark the 60th anniversary of ANU Law and the 30th anniversary of the Centre for International and Public Law (CIPL), a major public law conference will be held at the Australian National University in Canberra, on 8-9 December 2020. Full details can be accessed here. Conference theme: Public Law and Inequality Growing inequality is a defining challenge of our times, domestically […] Read more

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And Now, Live from the Public-Private Divide…R (Liberal Democrats and Scottish National Party) v ITV Broadcasting Ltd [2019] EWHC 3282 (Admin)

Britain is currently in the throes of a general election in which, an unkind Transatlantic observer might say, the question for many voters is ‘who is the evil of two lessers?’ It is quite likely, indeed almost certain, that Boris Johnson or Jeremy Corbyn will be occupying 10 Downing Street come January 1, 2020, notwithstanding […] Read more

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Some Thoughts on Doyle & O’Brien, Reimagining Administrative Justice: Human Rights in Small Places

In Reimagining Administrative Justice: Human Rights in Small Places (Palgrave MacMillan, 2019) Margaret Doyle and Nick O’Brien have made a wonderful contribution to the public law literature. By turns playful, polemical and provocative, the authors set out to challenge much of the received contemporary wisdom about administrative justice. Their motive is to fight back against […] Read more

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Human Rights in Administrative Decision-Making I: Discretion and Judgement in Statutory Interpretation

Last month I gave a talk at the Journal of Commonwealth Law’s symposium on Human Rights in Administrative Agencies at the Université de Montréal, entitled “The Inevitability of Administrative Discretion and What it Should Mean for Human Rights”. Here’s the abstract: Given the vagaries of language and life there is no such thing as “clear” […] Read more