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Category Archive: Judicial review

Byron Karemba: Provision of Abortion Services, the Territorial Constitution and the Supreme Court

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Introduction Should UK citizens ordinarily resident in one of the constituent parts of the UK be treated equally […]

Constitutional Law Group June 30, 2017 Devolution, England, Human rights, International law, Judicial review, Northern Ireland

Liora Lazarus: Do Human Rights Impede Effective Counterterrorism?

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Theresa May and Keir Starmer disagree about whether human rights impede effective counterterrorism.  Both bring experience at the […]

Constitutional Law Group June 15, 2017 Human rights, Judicial review, UK government

Jason Varuhas: Judicial Review beyond Administrative Law: Braganza v BP Shipping Ltd and Review of Contractual Discretions

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Judicial supervision of decision-making powers is often associated with administrative law. However courts also review the exercise of […]

Constitutional Law Group May 31, 2017 Administrative law, Judicial review

Richard Clayton QC: The Brexit Case That Never Was

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Since the European Union (Notification of Withdrawal) Bill was enacted so swiftly, the political implications of R(Miller) v […]

Constitutional Law Group March 22, 2017 Europe, European Union, Judicial review

Robert Thomas and Joe Tomlinson: A Design Problem for Judicial Review: What We Know and What We Need to Know about Immigration Judicial Reviews

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Immigration and asylum claimants often use judicial review to challenge immigration refusal decisions made by the Home Office. […]

Constitutional Law Group March 16, 2017 Administrative law, Judicial review

Adrian Zuckerman: The Law’s Disgrace

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In the article by Tom Hickman, “Public Law’s Disgrace”, Hickman laments the fact that the “vast majority of […]

Constitutional Law Group February 27, 2017 England, Judicial review

Mikolaj Barczentewicz: The Principle of Legality and the EU-withdrawal Statute

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Legal criticism of the EU (Notification of Withdrawal) Bill is quickly amassing. Notably, Paul Daly suggested that general […]

Constitutional Law Group February 21, 2017 Europe, European Union, Human rights, Judicial review, UK government, UK Parliament

Joe Tomlinson: Ouster Clauses Inside-out

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Last week’s decision in R (Privacy International) v Investigatory Powers Tribunal [2017] EWHC 114 (Admin) gained immediate attention among public […]

Constitutional Law Group February 16, 2017 Administrative law, Judicial review

Narelle Bedford: Public Law, No Disgrace in Australia but Room for Improvements

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Writing recently Tom Hickman raised the vital issue that fear of an adverse cost order can prevent potential […]

Constitutional Law Group February 15, 2017 Administrative law, Australia, Judicial review

Joe Atkinson: Parliamentary Intent and the Sewel Convention as a Legislatively Entrenched Political Convention

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One interesting finding in Miller is that it appears to recognise the Sewel Convention as a new form […]

Constitutional Law Group February 10, 2017 Devolution, Europe, European Union, Judicial review, Scotland, UK Parliament

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