Tag: remedies
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![Weronika Galka: Secret proceedings, (mal)administration, and the courts: RA and AA v SSFCDA, MZZ v SSD and SSHD and In the Matter of the SSD [2026] EWCA Civ 3](https://ukconstitutionallaw.org/wp-content/uploads/2026/02/galka-photo.jpg)
Weronika Galka: Secret proceedings, (mal)administration, and the courts: RA and AA v SSFCDA, MZZ v SSD and SSHD and In the Matter of the SSD [2026] EWCA Civ 3
In early January 2026, the Court of Appeal (Peter Jackson LJ, Elisabeth Laing LJ, and Jeremy Baker LJ) handed down the decision in R (RR and AA) v Secretary of State for Foreign, Commonwealth, and Development Affairs [2026] EWCA Civ 3 (“RR and AA”). Brought by the Secretary of State for Foreign, Commonwealth, and Development Affairs (“SSFCDA”), the Secretary…
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Andrew Geddis and Sarah Jocelyn: Is the NZ Supreme Court Aligning the NZBORA with the HRA?
The New Zealand Bill of Rights Act 1990 (NZBORA) and the United Kingdom’s Human Rights Act 1998 (HRA) share common constitutional DNA. Both are “parliamentary bills of rights” that eschew a judicial power to invalidate rights-infringing legislation. However, the two rights instruments historically have diverged in a couple of important ways regarding the form of…
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Jason Varuhas: Remedies Reform Part 2: Discretionary Factors
This is the second in a series of two posts on the remedial reforms proposed in the Judicial Review and Courts Bill (2021), which provide for courts in judicial review proceedings to grant suspended and prospective-only quashing orders. The first post considered the general case for reform, arguing reform is justified so as to reassert…
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Joe Tomlinson, Lewis Graham, and Alexandra Sinclair: Does judicial review of delegated legislation under the Human Rights Act 1998 unduly interfere with executive law-making?
The relationship between delegated legislation and the Human Rights Act 1998 (HRA) is seemingly becoming a more contentious constitutional issue. Professor Richard Ekins published, as part of the Policy Exchange’s Judicial Power Project, an agenda for constitutional reform under the title of Protecting the Constitution. Amongst an extensive set of reform suggestions, Ekins proposes that…
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Jeff King: Miller/Cherry and Remedies for Ultra Vires Delegated Legislation
The issue of remedies for any finding that the 2019 prorogation of the UK Parliament is unlawful is presently under discussion in pleadings in the joined appeals of Miller No.2 and Joanna Cherry MP (and others) in the Supreme Court. Essentially, the question concerns what must occur if the minister’s advice is found unlawful, and…