Tag: judicial overreach
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Lewis Graham: Empirical work in Judicial Review: A rejoinder
Empirical research into judicial review has recently started to draw attention, as Brian Christopher Jones points out in his careful and thoughtful critique of its use and utility. Jones is sceptical of some of the claims made by this empirical research – which, at least as of late, has tended to take aim at claims of expansive…
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Brian Christopher Jones: The emerging ‘Nothing to See Here’ judicial review defences
The dominant narrative in the discussion over judicial review—and especially in relation to judicial overreach—focuses on major cases, and what can be gleaned from these in terms of doctrine, constitutional principle, and the balance of powers within the UK constitution. But this seems to be changing. There’s an emerging empirical trend (chp 7) in judicial review research that pushes…