Liora Lazarus: Do Human Rights Impede Effective Counterterrorism?
Theresa May and Keir Starmer disagree about whether human rights impede effective counterterrorism. Both bring experience at the coalface of this field, May as former Home Secretary, and Starmer as … Continue reading
Jason Varuhas: Judicial Review beyond Administrative Law: Braganza v BP Shipping Ltd and Review of Contractual Discretions
Judicial supervision of decision-making powers is often associated with administrative law. However courts also review the exercise of discretions in other fields. For example courts review powers exercised by trustees, … Continue reading
Richard Clayton QC: The Brexit Case That Never Was
Since the European Union (Notification of Withdrawal) Bill was enacted so swiftly, the political implications of R(Miller) v Secretary of State for Exiting the European Union [2017] 2 WLR 58 … Continue reading
Robert Thomas and Joe Tomlinson: A Design Problem for Judicial Review: What We Know and What We Need to Know about Immigration Judicial Reviews
Immigration and asylum claimants often use judicial review to challenge immigration refusal decisions made by the Home Office. Immigration-related cases have, for a long time now, presented serious difficulties to … Continue reading
Adrian Zuckerman: The Law’s Disgrace
In the article by Tom Hickman, “Public Law’s Disgrace”, Hickman laments the fact that the “vast majority of the population have no access to judicial review in any meaningful sense.” … Continue reading
Mikolaj Barczentewicz: The Principle of Legality and the EU-withdrawal Statute
Legal criticism of the EU (Notification of Withdrawal) Bill is quickly amassing. Notably, Paul Daly suggested that general phrasing of an authorisation to notify the UK’s intention to withdraw from … Continue reading
Joe Tomlinson: Ouster Clauses Inside-out
Last week’s decision in R (Privacy International) v Investigatory Powers Tribunal [2017] EWHC 114 (Admin) gained immediate attention among public lawyers (see Paul Daly’s blog article here and Mark Elliott’s blog article … Continue reading
