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statutory interpretation

Mark Aronson: Statutory Interpretation or Judicial Disobedience?

In Australia as in England, courts began “reading down” legislative grants of broad and seemingly unfettered discretionary power […]

Constitutional Law Group June 3, 2013 Australia, Comparative law, Judicial review

David Mead: “Don’t Think Of An Elephant”: How Conceptualising Is Able To Skew The Outcome In Human Rights Cases

In his 2004 book “Don’t think of an elephant” cognitive linguist George Lakoff offered his view on the […]

Constitutional Law Group February 26, 2013 Human rights, Judicial review

Richard Ekins: Rights-consistent interpretation and (reckless) amendment

Discussion about s 3 of the Human Rights Act 1998 (HRA) tends to focus on the scope of […]

Constitutional Law Group January 24, 2013 Human rights, UK Parliament

Tarun Khaitan: The ‘constitution’ as a Statutory Term

Constitution. A word that readers of this blog use and encounter frequently in academic, judicial and political discourse. […]

Constitutional Law Group October 8, 2012 Judiciary, UK Parliament

Paul Daly: Taking Statutes Seriously

Drawing on English, American and Canadian material, I develop in A Theory of Deference in Administrative Law: Basis, […]

Constitutional Law Group July 26, 2012 Judicial review

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 […]

Constitutional Law Group May 22, 2012 Canada, Comparative law, Human rights

Richard Ekins: Yemshaw and “updating” statutes

Should judges update the meaning of statutes?  Consider Yemshaw v London Borough of Hounslow [2011] UKSC 3, in […]

Constitutional Law Group May 7, 2012 Judiciary, UK Parliament

Christopher McCrudden: Slavery and the constitutional role of judges

How far should judges “update” our legal concepts, or should they root their interpretation in the historical understanding […]

Constitutional Law Group November 2, 2011 Human rights, International law, UK Parliament

Secretary of State for Communities and Local Government v Welwyn Hatfield BC

Secretary of State for Communities and Local Government v. Welwyn Hatfield Borough Council [2011] UKSC 15.  Mr. Beesley […]

Constitutional Law Group April 9, 2011 Judicial review

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