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Category Archive: Judicial review

Jeff King: The Lockdown is Lawful: Part II

‘Quarantine’ or mere ‘Restriction’? In the post published yesterday, I explained that under Part 2A of the Public […]

UKCLA April 2, 2020 England, Human rights, Judicial review, Northern Ireland, Scotland, UK government, United Kingdom

Michael Foran: Against Consistency as a Ground of Review

Equal treatment, the principle that like cases should be treated alike, occupies a paradoxically ambivalent place within moral […]

UKCLA March 9, 2020 Administrative law, England, Judicial review, Uncategorized, United Kingdom

Hanna Wilberg: A Duty of Consistency? The Missing Distinction Between Its Two Forms

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In R (Gallaher Group Ltd) v Competition and Markets Authority  the Supreme Court ruled that UK domestic law […]

Constitutional Law Group February 27, 2020 Administrative law, Judicial review

Alex Schymyck: Vulnerable Detainees in Prison Illustrate the Need for Consistency as a Ground of Review

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In R (MR (Pakistan)) v Secretary of State for Justice & Others, the High Court rejected a claim […]

Constitutional Law Group February 24, 2020 Administrative law, Human rights, Judicial review

Theodore Konstadinides and Riccardo Sallustio: Clause 26 of the European Union (Withdrawal Agreement) Bill 2019-20: An Exercise of Constitutional Impropriety?

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The European Union (Withdrawal Agreement) Bill 2019-20 will pave the way for the UK to ratify the UK-EU […]

Constitutional Law Group January 14, 2020 Europe, European Union, Human rights, Judicial review, UK government

Chris McCorkindale and Aileen McHarg: Constitutional Pathways to a Second Scottish Independence Referendum

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The Scottish Government’s Case for a Second Independence Referendum On 19 December 2019 – a week after the […]

Constitutional Law Group January 13, 2020 Devolution, International law, Judicial review, Northern Ireland, Scotland, UK government, UK Parliament

Adam Perry: Enforcing Principles, Enforcing Conventions

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Did the UK Supreme Court enforce a constitutional convention in Miller (No 2)? Most writers say no. I […]

Constitutional Law Group December 3, 2019 Judicial review, UK government, UK Parliament

David Dennis: Llewellyn, Hart and Miller 2

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The decision in Miller 2 has been described by Martin Loughlin as effecting a paradigmatic shift in constitutional […]

Constitutional Law Group October 29, 2019 Judicial review, UK government, UK Parliament

Tanzil Chowdhury: Miller (No 2), the Principle-isation of Ministerial Accountability and Military Deployments

Has the court in Miller (No 2) done the very thing it said it wouldn’t do in Miller […]

Constitutional Law Group October 24, 2019 Judicial review, UK government, UK Parliament

Anurag Deb: Identity: Northern Ireland’s Gordian Knot

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On 14 October 2019, the Upper Tribunal (UT) handed down judgment in SSHD v De Souza, immediately dividing […]

Constitutional Law Group October 17, 2019 European Union, Ireland, Judicial review, Northern Ireland

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