In Australia as in England, courts began “reading down” legislative grants of broad and seemingly unfettered discretionary power […]
statutory interpretation
In his 2004 book “Don’t think of an elephant” cognitive linguist George Lakoff offered his view on the […]
Discussion about s 3 of the Human Rights Act 1998 (HRA) tends to focus on the scope of […]
Constitution. A word that readers of this blog use and encounter frequently in academic, judicial and political discourse. […]
Drawing on English, American and Canadian material, I develop in A Theory of Deference in Administrative Law: Basis, […]
In conducting constitutional review with a proportionality test, much depends on the how the purpose of the challenged […]
Should judges update the meaning of statutes? Consider Yemshaw v London Borough of Hounslow [2011] UKSC 3, in […]
How far should judges “update” our legal concepts, or should they root their interpretation in the historical understanding […]
Secretary of State for Communities and Local Government v. Welwyn Hatfield Borough Council [2011] UKSC 15. Mr. Beesley […]