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The Irish Supreme Court Decision in Zalewski: Historical Critique

This is my last post in a series on the Irish Supreme Court’s decision in Zalewski, looking at the historical background to Articles 34.1 and 37.1 of the Irish Constitution. See my penultimate post for further background. There is also historical evidence that supports narrow readings of both Article 34.1 and Article 37.1. (i)                           Reading […] Read more

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Discriminatory By-Laws and Reasonableness: GSI Global Shelters Developments Ltd. v Rural Municipality of Last Mountain Valley No. 250, 2024 SKCA 30 and Canadian Natural Resources Limited v. Fishing Lake Metis Settlement, 2024 ABCA 131

In the classic case of Kruse v. Johnson, [1898] 2 QB 91, Lord Russell of Killowen CJ set out a test of unreasonableness for municipal by-laws. One basis for invalidity, under the broad heading of unreasonableness, was where the by-law in question was “found to be partial and unequal in [its]  operation as between different […] Read more

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Unsettling Practices in Public Administration: KR and LR (A Minor) v Health Service Executive [2024] IEHC 255

One of the great unseen issues in public administration is the settlement of applications for judicial review. There has been a general trend in recent years towards the encouragement of out-of-court negotiations between applicants and public bodies. There are obvious benefits to settlement, in terms of sparing scarce judicial resources, permitting both sides to retain […] Read more