Tag: Administrative Law
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Joe Tomlinson, Angela Paul, and Jed Meers: Are Statutory Duties to Protect the ‘Vulnerable’ a Good Idea?
The Work and Pensions Committee is conducting an inquiry on a highly important matter: how vulnerable welfare claimants are safeguarded by the Department of Work and Pensions (DWP), and whether changes ought to be made. In the course of this work, it has raised this important question: should the DWP be placed under a statutory…
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Alison L Young: Judicial Review of Policies – Clarification or Judicial Retreat?
Policies are not law. Nevertheless, they play a large role in administrative law, providing clarity as to how a public authority will exercise a discretionary power. Policies can also be relevant considerations, create legitimate expectations, or require that an individual who falls within the scope of a policy should have that policy applied to them,…
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Lee Marsons, Maurice Sunkin and Theodore Konstadinides: The UK Administrative Justice Institute’s submission to the Independent Review of Administrative Law
On 20 October, the UK Administrative Justice Institute (UKAJI) made available on its website its submission to the Independent Review of Administrative Law (IRAL), drafted by Lee Marsons, Maurice Sunkin, and Theodore Konstadinides of the University of Essex. This blog provides an overview of that submission and follows our original UKCLA post setting out our…
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Janina Boughey and Greg Weeks: Comment from Australia: Australian Government Scraps Peak Administrative Law Advisory Body
After the problems the Australian Government encountered in passing many of its 2014-15 budget measures through the Senate, Australia’s Prime Minister, Tony Abbott, promised that the 2015-16 budget would be ‘dull and routine’. It is unlikely that most Australian administrative lawyers would consider the abolition of the Administrative Review Council (‘ARC’) — a body of…
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Tom Hickman and Maurice Sunkin: Success in Judicial Review: The Current Position
Avid readers of the legal press may have spotted the eye-catching statistic that in 2014 a meagre 1% of claims for judicial review were successful. The figure is derived from the statement in the MOJ’s overview of the Civil Justice Statistics Quarterly (October – December 2014) published on 5 March 2015, in which the MOJ…
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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 would be the distinction between ‘law’ and ‘fact’. Whilst adventurers have their Swiss Army knife, and the Dr has his sonic screwdriver, lawyers have the multi-purpose malleable ‘law/fact’ distinction which is just as capable of opening or…
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Anthony Bradley: The Work Of The Administrative Court
There are at least three reasons why constitutional lawyers must endeavour to keep abreast of the work of the Administrative Court and of decisions on appeal from that Court. Day by day, judges in that Court are required to review the use of executive powers and ensure that established principles of legality are observed by…