Tag: illegality
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Jamie Burton: When Is Guidance Unlawful on the Ground of Illegality?
*Editors’ note – this post is part of a series on ‘The Rule of Guidance?’. The other posts in the series will be available here. The seemingly ever-growing expanse of “soft-law”, “policy” or “guidance”, (referred to below as “guidance”) has been cautiously welcomed as aiding the business of government and enhancing good public administration. Unsurprisingly, as…
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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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George Letsas: Non-Justiciability of Prorogation: A Matter of Law and Logic?
The case of Gina Miller v the Prime Minister and Others (‘Miller 2’) is presently being heard by the Supreme Court and the issue of justiciability is central. Some commentators have sought to defend the claimant’s submission that no exercise of a prerogative power is completely immune from judicial review. But the Supreme Court, like…
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Jeff King: Miller/Cherry and Remedies for Ultra Vires Delegated Legislation
The issue of remedies for any finding that the 2019 prorogation of the UK Parliament is unlawful is presently under discussion in pleadings in the joined appeals of Miller No.2 and Joanna Cherry MP (and others) in the Supreme Court. Essentially, the question concerns what must occur if the minister’s advice is found unlawful, and…