Tag: declaratory relief
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Saba Shakil: Bridging the gap between remedial reform and judicial practice: A study of challenges to delegated legislation
The resurrected Bill of Rights Bill (BoRB) shows that the government is continuing to grasp at the wrong end of the remedies stick – and it will continue to do so until it pays attention to the evidence. In its 2019 Manifesto, the government made a lofty commitment to restructuring the fundamental relationship between the three…
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Gabriel Tan: Recent developments on declaratory relief in Public Law
It is often thought trite that remedies in public law are the quintessential area where judges enjoy a significant amount of discretion. In the words of Sir Clive Lewis (now Lewis LJ), “There is no perceivable rule governing which remedy to use [to remedy unlawful acts] and no particular pattern emerges from the case law.” The focus…
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Conor Crummey: The Duty to Protect the Irish Language and the Use of Declaratory Relief in Northern Ireland
The past year in Northern Irish politics has seen a drive for greater recognition and promotion of the Irish language pushed up the political agenda. Demands for the introduction of an Irish Language Act only increased in the face of rather scornful rhetoric by the Democratic Unionist Party; and the revelation that a public funding…