Tag: Courts
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Stefan Theil: Missing the Forest for the Trees – Deficits in Doctrinal Methods and How Data Can Help
Introduction Law and legal scholarship have a problem: a problem with digesting and analysing the sheer volume of decisions reached every year by domestic and international judicial bodies. From January to March 2021 alone, Her Majesty’s Courts & Tribunals Service (HMCTS) recorded 72,000 receipts and disposed of as many cases, with an outstanding caseload of…
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Andrew Geddis and Sarah Jocelyn: Is the NZ Supreme Court Aligning the NZBORA with the HRA?
The New Zealand Bill of Rights Act 1990 (NZBORA) and the United Kingdom’s Human Rights Act 1998 (HRA) share common constitutional DNA. Both are “parliamentary bills of rights” that eschew a judicial power to invalidate rights-infringing legislation. However, the two rights instruments historically have diverged in a couple of important ways regarding the form of…
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Jason Varuhas: Remedies Reform Part 2: Discretionary Factors
This is the second in a series of two posts on the remedial reforms proposed in the Judicial Review and Courts Bill (2021), which provide for courts in judicial review proceedings to grant suspended and prospective-only quashing orders. The first post considered the general case for reform, arguing reform is justified so as to reassert…
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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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Mikołaj Barczentewicz: An empirical study of the gender of counsel before the UK’s highest court.
During the live television coverage of the Supreme Court hearings in Miller (No 1), some commentators (and no doubt many members of the public) noted that almost all lawyers in the courtroom were male. That image of the UK’s “Supreme Court bar” (to borrow a US term), though not entirely accurate, highlighted an ongoing problem…