Tag: Mandatory orders
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Gabriel Tan and Lewis Graham: One Year On From Imam v Croydon: Mandatory orders, judicial psychology and judicial review
It is a well-understood principle that a judicial review court traditionally forbears from granting coercive orders against public authorities on grounds of mutual institutional trust, and constitutional reasons relating to the separation of powers. This is particularly so in the case of mandatory orders: whilst section 31(1) of the Senior Courts Act 1981 allows judges to grant…
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Matthew Alderton: The constitutional limits of mandatory orders
The Supreme Court’s recent judgment in R (on the application of Imam) (Respondent) v London Borough of Croydon (Appellant) [2023] UKSC 45 (“Imam”) has far wider application beyond the immediate focus of that case on whether a local housing authority’s limited resources should affect the remedy to be granted by a court when the authority is in…
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Ronan Cormacain: What should courts do when ministers flout the law?
No, this is not a paper on covid rule-breaking by UK ministers. Instead it analyses the judgment of 20th December 2021 in Re Napier, on what happens when Northern Ireland ministers refuse to comply with their legal duties. The particular duty was the duty to participate in meetings of the North-South Ministerial Council (the NSMC). …