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Category Archive: 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

Greg Weeks: Can you stop the Revenue from acting on a change of mind?

A recent judgment in an interlocutory hearing in the Federal Court of Australia has raised the fascinating question […]

Constitutional Law Group February 25, 2013 Australia, Comparative law, Judicial review

Roger Masterman: The Mirror Crack’d

Until recently, the Ullah principle – that in giving effect to the Convention rights under the HRA the […]

Constitutional Law Group February 13, 2013 Human rights, Judicial review

Stuart Lakin: Parliamentary Privilege, Parliamentary Sovereignty, and Constitutional Principle

While this was probably not its primary objective at the time, the Daily Telegraph scoop on MPs’ expenses […]

Constitutional Law Group February 11, 2013 Judicial review, UK Parliament

Varda Bondy and Maurice Sunkin: Judicial Review Reform: Who is afraid of judicial review? Debunking the myths of growth and abuse.

The Government claims that its proposals to restrict access to judicial review are based on evidence that growth […]

Constitutional Law Group January 10, 2013 Judicial review

Mark Elliott: Judicial review – why the Ministry of Justice doesn’t get it

Following the Prime Minister’s declaration of “war” on judicial review last month, the Ministry of Justice has now […]

Constitutional Law Group December 16, 2012 Judicial review, UK government

Robert Thomas: The New Immigration Rules and the Right to Family life

In June 2012, Theresa May, the Home Secretary, laid a new statement of changes in immigration rules before […]

Constitutional Law Group October 4, 2012 Human rights, Judicial review, UK Parliament

Carol Harlow: How not to do things with rules

For many years now, administrative lawyers have been puzzling over the relationship of rules and discretion. When is […]

UKCLA September 15, 2012 Judicial review, UK government, UK Parliament

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