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Category Archive: Judicial review

Philip Murray: Reconsidering Ouster Clauses: The High Court’s Decision in Oceana

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To many, ouster clauses represent a conflict between, on the one hand, the will of a sovereign Parliament […]

UKCLA July 5, 2023 Constitutional Law, Judicial review

Tim Sayer: The Passive Virtues and the Abuse of Delegated Legislation: Courts, the Political Constitution and the Public Order Act 1986 (Serious Disruption to the Life of the Community) Regulations 2023

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In 1961 Alexander Bickel argued that the US Supreme Court should adopt what he called the ‘passive virtues’ – minimising […]

UKCLA June 19, 2023 Civil Liberties, Judicial review, law-making

Chris McCorkindale and Aileen McHarg: Rescuing the Gender Recognition Reform (Scotland) Bill? The Scottish Government’s Challenge to the Section 35 Order

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Introduction On 17 January, the Secretary of State for Scotland, Alister Jack MP, made an Order under s.35 […]

UKCLA April 25, 2023 Devolution, Judicial review, Scotland

Anurag Deb: Direct Rule in Northern Ireland and the Power to Make Irrational Laws

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The townland of Carrickmore in County Tyrone in Northern Ireland is the ancestral home of legendary Nirvana frontman […]

UKCLA February 17, 2023 Devolution, Judicial review, Northern Ireland

Elizabeth A. O’Loughlin, Gabriel Tan and Cassandra Somers-Joce: The Duty of Candour in Judicial Review: The Case of the Lost Policy

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Earlier this year, in a Divisional Court judgment that garnered much attention from public lawyers, the Home Office […]

UKCLA December 7, 2022 Judicial review

Saba Shakil: Bridging the gap between remedial reform and judicial practice: A study of challenges to delegated legislation

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The resurrected Bill of Rights Bill (BoRB) shows that the government is continuing to grasp at the wrong […]

UKCLA November 24, 2022 Judicial review, remedies

Sam Guy: Eroding Public Law’s Exclusions? Charting the Landscape of Crowdfunding in Judicial Review

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Introduction The use of crowdfunding to access public law litigation is a matter which attracts much online commentary […]

UKCLA November 8, 2022 Administrative law, Judicial review

Joe Tomlinson, Naoise Coakley and Roisin Gambroudes: It’s a trap! The changing dynamics of executive engagements with judicial review

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It is not surprising or new that the executive plays institutional chess with the courts. Judicial review, though […]

UKCLA July 28, 2022 Judicial review, Uncategorized

Lewis Graham: Empirical work in Judicial Review: A rejoinder

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Empirical research into judicial review has recently started to draw attention, as Brian Christopher Jones points out in his […]

UKCLA July 13, 2022 Judicial review

Brian Christopher Jones: The emerging ‘Nothing to See Here’ judicial review defences

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The dominant narrative in the discussion over judicial review—and especially in relation to judicial overreach—focuses on major cases, […]

UKCLA July 7, 2022 Judicial review

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