Tag: R (Cart) v The Upper Tribunal [2011] UKSC 28
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Mikołaj Barczentewicz: Should Cart Judicial Reviews be Abolished? Empirically Based Response
The Government adopted a recommendation of the Independent Review of Administrative Law that Cart judicial reviews should be abolished. The reasons given by the Review for that recommendation have been criticised on this blog by Joe Tomlinson & Alison Pickup and by Joanna Bell. The Review (and the Government) claimed that there is only a…
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Joanna Bell: Digging for Information about Cart JRs
Anyone who has ever tried to study judicial review in England and Wales empirically knows it is a little like digging for gold without a metal detector: it is difficult to know where to dig and there is also no guarantee that you will find what you are looking for. In a characteristically well-argued and…
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Joe Tomlinson and Alison Pickup: Putting the Cart before the horse? The Confused Empirical Basis for Reform of Cart Judicial Reviews
The Independent Review of Administrative Law has now reported. For a review process that was unnecessarily quick, the Expert Panel, led by Lord Faulks QC, has produced a substantial and detailed analysis. The Report has rightly drawn broad support from across the political spectrum—even if the Government’s support for the report has been accompanied by…
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Joanna Bell: The Supreme Court’s Approach to the Finality Clause in Lee v Ashers: A Response to Anurag Deb & Conor McCormick & Looking Forward to Privacy International
Lee v Ashers Baking Company Ltd [2018] UKSC 49 (‘gay cake’ case) has probably not escaped the attention of any public lawyer. As Anurag Deb & Conor McCormick have usefully pointed out in a recent blog post, however, what may have been overlooked is that this case is not only important from a human rights…
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Thomas Fairclough: Privacy International: Constitutional Substance over Semantics in Reading Ouster Clauses
I have previously written on this blog and elsewhere about statutory interpretation and the rule of law. In the previous blog post I stated that the idea “that the courts will not allow the executive to escape their jurisdiction is well established as part of the rule of law” and referenced, inter alia, Anisminic Ltd…