Mark Elliott and Hayley J. Hooper: Critical reflections on the High Court’s judgment in R (Miller) v Secretary of State for Exiting the European Union
The judgment of the High Court in R (Miller) v Secretary of State for Exiting the European Union [2016] EWHC 2768 (Admin), decided on 3 November 2016, has been subjected to … Continue reading
John Adenitire: The Executive Cannot Abrogate Fundamental Rights without Specific Parliamentary Mandate – The Implications of the EU Charter of Fundamental Rights for Triggering Art 50
Legal action has been initiated against the UK Government to compel it to seek authorisation from Parliament before it can trigger Art 50. Various suggestions have been put forward as … Continue reading
Conference Announcement: Thirty Years of Judicial Review in Scotland
Sponsored by the Clark Foundation for Legal Education and the UK Constitutional Law Association Thirty Years of Judicial Review in Scotland 26 January 2015 10 am to 4.30 pm … Continue reading
Robert Thomas: Administrative Justice, Better Decisions, and Organisational Learning
Every year, government takes millions of decisions on matters such as individuals’ entitlement to social security, their immigration status, and tax liability. Often, people can challenge negative decisions to a … Continue reading
Natasha Simonsen:Government cannot use a ‘statutory back door’ to implement major changes to legal aid services, Divisional Court says
In a judgment released yesterday a Divisional Court unanimously struck down the government’s attempt to introduce a residence test for eligibility for legal aid, finding it incompatible with the objective … Continue reading
Emily MacKenzie: Successful Challenge to Levels of Asylum Support – R (on the application of Refugee Action) v Home Secretary
The High Court recently upheld an important challenge in the field of asylum support. In June 2013, the Home Secretary decided that weekly cash payments to “destitute” asylum seekers in … Continue reading
Mark Elliott: Judicial Review Reform — The Report of the Joint Committee on Human Rights
Earlier this week, the parliamentary Joint Committee on Human Rights has published its report on The implications for access to justice of the Government’s proposals to reform judicial review (HL … Continue reading
Ben Jaffey and Tom Hickman: Loading the Dice in Judicial Review: The Criminal Justice and Courts Bill 2014
Public lawyers across the country are anxiously scrutinising yesterday’s response by the Lord Chancellor, Chris Grayling, to the Judicial Review consultation and the associated Criminal Justice and Courts Bill. They … Continue reading
Cormac Mac Amhlaigh: Once More Unto the (Public/Private) Breach …: s. 6 of the Human Rights Act 1998 and the Severability Thesis
Two interesting recent blog posts dealt with the meaning of public and private under s. 6 of the Human Rights Act 1998. They were motivated by injunction proceedings in the … Continue reading
Philip Murray: Natural Justice at the Boundaries of Public Law
The intention of this post is a simple one: to assess the ways in which natural justice arguments have historically been raised in private law proceedings. By “natural justice” I … Continue reading
