Administrative Law Matters

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

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The Future of Substantive Review in English Administrative Law: R (Gallaher Group Ltd) v Competition and Markets Authority [2019] AC 96

The UK Supreme Court’s decision in R (Gallaher Group Ltd) v Competition and Markets Authority [2019] AC 96 has already spawned a large literature (for open-access commentary, see e.g. Mark Elliott and Joanna Bell). I noted the case when it was decided last summer but did not have much to say, treating it, first, as […] Read more

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Three Types of “Material” Error?

When will a jurisdictional error be sufficiently “material” to justify the quashing of a tainted decision? This issue has prompted some discussion on the High Court of Australia, most recently in Minister for Immigration and Border Protection v SZMTA [2019] HCA 3 and especially in Hossain v Minister for Immigration and Border Protection [2018] HCA 34. […] Read more

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For the Birds? Collateral Challenge, Legislative Intent and Public Law Remedies in R v Bird 2019 SCC 7

Found to be a long-term offender and known to be someone who struggled with conditional releases from custody, Mr Bird was made subject by the Parole Board of Canada to a long-term supervision order, which included a residency requirement. Mr Bird breached the residency requirement and criminal proceedings were duly initiated, carrying a penalty of […] Read more

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The Decline of the Passive Virtues

Away from this forum I’ve made three contributions in the last month to debates about Brexit, from a law and policy point of view. First, I participated in a Centre for Public Law panel discussion on the UK Supreme Court’s decision in the Scottish Continuity Billcase, [2018] UKSC 64. The link below starts at my […] Read more