Two ‘Carltona’ Cases: W.T. v. Minister for Justice, [2015] IESC 73; R. (Bourgass) v. Secretary of State for Justice, [2015] UKSC 54

As has often been said by administrative lawyers waiting at bus-stops, you wait ages for a major case on the exercise of ministerial powers by subordinates and then two come along at once. There is an excellent review of the general principles in MacMenamin J.’s judgment for the Irish Supreme Court in W.T. v. Minister […] Read more


Libertarian Administrative Law

Adrian Vermeule and Cass Sunstein have an intriguing new paper on Libertarian Administrative Law: In recent years, several judges on the nation’s most important regulatory court — the United States Court of Appeals for the District of Columbia Circuit — have given birth to libertarian administrative law, in the form of a series of judge-made […] Read more

From Blogger

Henry VIII Down Under

There are limits to what courts can do to thwart legislative enactments of Henry VIII clauses, which grant powers to the executive to modify legislation. Typically, Henry VIII clauses are included in legislation for limited periods of time, to facilitate the implementation of the statutory provisions. Much of what governs modern life is not produced […] Read more