Jake W. Rylatt and Joseph Tomlinson: Neuberger’s Novelties: Keyu and the Substantive Review Debate
Over the past few decades, the question of substantive review has provided one of the liveliest debates in public law. However, despite a myriad of contributions from courts and legal … Continue reading
Mark Elliott: Justification, Calibration and Substantive Judicial Review: Putting Doctrine in its Place
To observe that substantive judicial review—and the notions of proportionality and deference in particular—constitute well-trodden ground would be to engage in reckless understatement. And that, in turn, might suggest that … Continue reading
Robert Thomas: The New Immigration Rules and the Right to Family life
In June 2012, Theresa May, the Home Secretary, laid a new statement of changes in immigration rules before Parliament. There is nothing necessarily extraordinary in that; the immigration rules set … Continue reading
Bradley W. Miller: Proportionality and Legislative Purpose
In conducting constitutional review with a proportionality test, much depends on the how the purpose of the challenged legislation is characterized by the reviewing court. It is a commonplace that … Continue reading
