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Category Archive: Judicial review

Alison L. Young: Prisoner Voting: Human or Constitutional Right?

As is well known, in Hirst v UK (No 2) the Grand Chamber of the European Court of Human […]

Constitutional Law Group September 27, 2013 Human rights, Judicial review, UK Parliament

Mark Elliott: Justification, Calibration and Substantive Judicial Review: Putting Doctrine in its Place

To observe that substantive judicial review—and the notions of proportionality and deference in particular—constitute well-trodden ground would be […]

Constitutional Law Group September 17, 2013 Judicial review

Robert Thomas: Immigration judicial reviews

There is much current debate over judicial review, prompted in large part by successive government consultation papers. This […]

Constitutional Law Group September 12, 2013 Judicial review

Leah Grolman and Greg Weeks: Guidelines and Assisted Suicide: an Australian Perspective

The morally and politically charged area of assisted suicide has many of the hallmarks of an insoluble problem. […]

Constitutional Law Group August 7, 2013 Comparative law, Judicial review

Aileen McHarg: Access To Judicial Review In Scotland

Readers of this blog will be familiar with the controversial reforms to the judicial review procedure in England […]

Constitutional Law Group July 30, 2013 Judicial review, Judiciary, Scotland

Douglas Edlin: Will Britain Have a Marbury?

 Marbury v Madison is the most famous judicial decision in US history, written by the most important judge in US […]

Constitutional Law Group June 7, 2013 Judicial review

Mark Aronson: Statutory Interpretation or Judicial Disobedience?

In Australia as in England, courts began “reading down” legislative grants of broad and seemingly unfettered discretionary power […]

Constitutional Law Group June 3, 2013 Australia, Comparative law, Judicial review

Derek O’Brien: The Basic Structure Doctrine and the Courts of the Commonwealth Caribbean

The basic structure doctrine, as first expounded by the Indian Supreme Court in the early 1970s in Kesavanand […]

Constitutional Law Group May 28, 2013 Caribbean, Comparative law, Judicial review

Alison L. Young: Fact/Law – a Flawed Distinction?

If prizes were awarded to ‘Distinctions in English law’, then a good contender for the ‘lifetime achievement’ award […]

Constitutional Law Group May 21, 2013 Judicial review

David Mead: “Don’t Think Of An Elephant”: How Conceptualising Is Able To Skew The Outcome In Human Rights Cases

In his 2004 book “Don’t think of an elephant” cognitive linguist George Lakoff offered his view on the […]

Constitutional Law Group February 26, 2013 Human rights, Judicial review

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