Tag: Judicial Review
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Sam Guy & Joe Tomlinson: Rising Caseloads in Judicial Review – A Question of AI?
Across many parts of the administrative justice system, caseloads appear to be rising. Tribunals handling administrative appeals are currently experiencing record backlogs. Public sector ombudsmen are observing similar trends. This has renewed focus on a perennial question in these institutions: what drives these caseloads? Increasingly, institutions must now ask a follow-up question: is use of…
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Adrian Kreutz: Dualism, Constitutional Conservatism, and Politically Sensitive Judicial Review
1. Introduction Recent public law cases concerning dualism––the operative divide between international and domestic jurisprudence––have prompted renewed debate about the constitutional role of judicial review in the United Kingdom. At first glance, decisions such as R (FDA) v Minister for Cabinet Office [2024] EWHC 1729 (Admin); and R (Al Haq) v Secretary of State for…
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Lewis Graham: Who Wins and Who Loses Before the Administrative Court?
Despite the Ministry of Justice releasing some helpful but limited data relating to judicial reviews, it is hard to know who wins, and who loses, before the Administrative Court. In an attempt to find out the answer, I designed and populated a dataset covering all reported cases handed down by the Administrative Court in 2024.…
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Ting Xu: The Legal Fiction of State Neutrality: Rethinking Accountability in Disability Home Adaptations
How should the state be held to account when it funds and organises essential services—but then denies responsibility for their failure? This post examines that question through the lens of disability-related home adaptations in the UK. It explores how the legal and administrative structures surrounding the Disabled Facilities Grant (DFG) scheme allow local authorities to…
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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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Sam Guy: The Government’s Plan to Reform Infrastructure Judicial Review
On 23 January, Sir Keir Starmer announced plans to ‘stop blockers getting in the way’ of infrastructure development, by introducing restrictions on judicial review of infrastructure projects. Notwithstanding this government’s consistent commitment to reforming the planning system, so as to galvanise infrastructure and housing delivery, and its forthcoming Planning and Infrastructure Bill, the announcement of…
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Robert Colvin and Elizabeth Forster: Rolling Judicial Reviews: A New Era of Court Monitoring in Complex Cases?
On 5 June 2024, the Administrative Court gave its final word on relief in the (relatively) long running ECPAT UK judicial review (see R (ECPAT UK) v Kent County Council [2024] EWHC 1353 (Admin)). The case centred on Kent County Council’s (‘KCC’) failure to meet its statutory duty to look after unaccompanied asylum-seeking children (‘UAS…
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Raffael N. Fasel: Ouster Clauses and the Silent Constitutional Crisis
In a recent comment on the Government’s Rwanda Bill and on speculations about an unprecedented strike down by the Supreme Court, Professor Mark Elliott asked a question that has been on many UK public lawyers’ minds lately: “Are we headed for a constitutional crisis?” This question, to be sure, is not new. However, with a…
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Aradhya Sethia: Constitutional Accountability, Intra-party Processes, and Tortoise Media
*Editors’ note – this post is part of a series on ‘Contemporary Challenges for Constitutional Accountability’. The other posts in the series will be available here.* It is difficult to provide a satisfying account of constitutional accountability in the UK without considering the internal processes of major political parties (especially the governing party and the largest opposition…
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Lewis Graham: On Ouster Clauses (Again)
When we think of the most important ouster clauses in the law of judicial review, we might think of the relevant parts of the Foreign Compensation Order considered in Anisminic, or section 67(8) the Regulation of Investigatory Powers Act, crucial to the decision in Privacy International. We might consider section 2 of the Judicial Review…