Administrative Law Matters

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


Administrative Authorities and the Disapplication of Domestic Law: Minister for Justice and Equality v Workplace Relations Commission C-378/17

Can a statutory tribunal disapply the law? The question arises in respect of constitutional challenges to legislation and, in the European Union, in respect of claims that domestic law contravenes norms of E.U. law. The recent decision of the Court of Justice in Minister for Justice and Equality v Workplace Relations Commission C-378/17 on a preliminary reference […] Read more


Year in Review

My blogging year has been dominated — almost bookended, even — by two symposiums, one (held jointly with Double Aspect) to mark the tenth anniversary of the Supreme Court of Canada’s decision in Dunsmuir v New Brunswick (see here), and another on a United Kingdom Supreme Court appeal concerning ouster or privative clauses, published on Administrative […] Read more


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


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


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