Category Archives: Judicial review
Stuart Lakin: What Role Should Judges Play in the Constitution Justice Sumption?
In his recent F.A. Mann lecture Jonathan Sumption Q.C., the newly appointed member of the Supreme Court, took up the question of the proper role of judges vis-a-vis the political branches of government in the UK. Tom Adams has already … Continue reading
Filed under Judicial review, Judiciary
Aileen McHarg: Public Law, Private Law and the Distinctiveness of Scots Judicial Review
Scottish judges and textbook writers are fond of asserting the distinctive nature of judicial review in Scotland compared with England. According to Clyde and Edward, for example, (Judicial Review, 2000, ch 2), the basis for judicial review in Scotland is … Continue reading
Filed under Judicial review, Scotland
Tom Adams: Lord Sumption and Judicial Responsibility
Lord Sumption has for some time been an important man, and very recently became more important.[1] Indeed, he was too important already on the 9th of November 2011 for Lincoln’s inn, which reached capacity long before he read the opening … Continue reading
Filed under Judicial review, Judiciary
Tarun Khaitan: How to interpret Constitutional Statutes?
Most of us will be aware of the famous remarks of Lord Justice Laws in Thoburn v Sunderland City Council (2002) that constitutional statutes are immune from implied repeal, and therefore somewhat entrenched against Parliament. The issue of the entrenchment … Continue reading
Filed under Devolution, Judicial review, Northern Ireland, Scotland, Wales
Mark Elliott and Robert Thomas: Cart and Eba—the new tribunals system and the courts
The Tribunals, Courts and Enforcement Act 2007 fundamentally reshapes both the way in which tribunals relate to one another and the way in which they relate to courts. The disparate collection of tribunals that had grown up ad hoc as … Continue reading
Filed under Judicial review, Judiciary
Gavin Phillipson: Constitutional Principles and the Human Rights Act: Moving Beyond One-Way Street Approaches
I’ve been thinking recently about the relationship of the Human Rights Act with the existing principles of the UK constitution – themselves not always easy to pin down or agree upon of course. I realise that I’d unconsciously taken the … Continue reading
Filed under Human rights, Judicial review, Judiciary
Colm O’Cinneide: Equality: A Constitutional Principle?
In 1994, Jeffrey Jowell published a paper in that year’s volume of Current Legal Problems entitled ‘Is Equality a Constitutional Principle?’ ((1994) 7 Current Legal Problems 1). The question mark in the title was significant. It indicated that the status … Continue reading
Filed under Comparative law, Judicial review
Greg Weeks: Attacking the High Court: a comment on the Malaysian Solution Case and its aftermath.
It is, fortunately, a rare occurrence for Australia’s government to be in conflict with its judiciary but there have been some fairly spectacular examples: In 1996, following the High Court’s decision in Wik Peoples v Queensland (1996) CLR 1 … Continue reading
Filed under Judicial review
Liz Fisher: Transparency
‘We want to be the most open and transparent government in the world’ is the first line of the website for the Prime Minister’s Office dedicated to the issue of transparency (http://transparency.number10.gov.uk/) and in the time since the Coalition government … Continue reading
Filed under Judicial review
Richard Ekins: Regulatory responsibility in New Zealand
The Parliament of New Zealand has been invited to consider an important proposal for constitutional change – the Regulatory Standards Bill 2011 (“RSB”) – which aims to improve the quality of lawmaking and hence to reduce the regulatory burden on … Continue reading
Filed under Comparative law, Judicial review
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