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COVID-19 and administrative justice – a call for blogs, opinions, and news

COVID-19 and administrative justice – a call for blogs, opinions, and news

By now, it is inevitable that the spread of Covid-19 will have substantial political, social, economic, and human consequences all across the globe. This is also true in the legal sphere. For this reason, UKAJI intends today to launch a series of blogs, opinion pieces, and news summaries on the theme of Covid-19 and administrative justice to consider how this pandemic has, will do, should, or could affect administrative justice. These blogs and opinion pieces may consider but need not be limited to:

  • Changes to judicial scrutiny of executive action via judicial review;
  • Parliamentary scrutiny of legislation to combat the virus;
  • The consequences of school closures, particularly for children with SEND;
  • How online, home, and distance working may affect administrative decision-making;
  • How changes to tribunal procedures may affect the fairness of the proceedings;
  • Changes to the professional practice of administrative justice practitioners, such as mediators;
  • The standards against which ombuds should assess medical conduct and practice during this time in future complaints;
  • Changes to the duties placed on local government and administrative officials.

 

UKAJI’s blog writing guidelines can be found here and UKAJI’s definition of administrative justice can also be found at that link.

 

However, we appreciate at this time that scholars and practitioners may not have sufficient time to write a full-length blog piece. Therefore, we are also inviting short opinion pieces of up to 500 words where the contributor succinctly outlines their thoughts on a current administrative justice issue, so as to provoke discussion. These need not be fully referenced but may be in the style of initial, instinctive reactions that should be borne in mind by the administrative justice community. If these opinion pieces prove successful, UKAJI will make greater use of these pieces for all administrative justice issues in future.

 

In addition, on this current page, UKAJI will collate a list to be updated at least every forty-eight hours summarising relevant changes to administrative justice prompted by this pandemic. If you have material you would like to include on this list or would like to discuss a blog or opinion contribution, please contact Lee Marsons on lm17598@essex.ac.uk.

 

COVID-19 and administrative justice – news to note:

Updated as of 1 July 2020 09:10

 

Cases:

Rather than include every case where ‘coronavirus’ or ‘Covid-19’ appears, UKAJI has chosen to limit this list to cases of particular significance to administrative justice and public law:

 

Blogs via UKAJI:

  • Lee Marsons, Covid-19 and the UK Administrative State, available here;
  • Jaime Lindsey, Virtual hearings, participation and openness in the Court of Protection, available here;
  • Margaret Doyle, Going online in a hurry, available here;
  • David Whalley, Jumping in with both feet, available here;
  • Johnny Tan, Online hearings and the quality of justice, available here;
  • Eri Mountbatten-O’Malley, The Emperor has no clothes: A sober analysis of the Government response to Covid-19, available here;
  • Administrative Justice Council Webinar on the impact of COVID-19 on administrative justice (29 April 2020), available here;
  • Emmanuel Slautsky, Public law values in times of lockdown: lessons from the Belgian case, available here;
  • Stefan Theil, Germany – a federal executive power grab? Available here;
  • Joe Tomlinson, Jack Maxwell, Jo Hynes, and Emma Marshall, Judicial Review during Covid-19 Part I and II, available here and here.
  • Sam Guy, Judicial review and Covid-19: reflections on the role of crowdfunding
  • Lee Marsons, Delayed publication of coronavirus regulations and legal certainty – concerns and protections

 

Courts and Tribunals:

Rolling updates on the response of the judiciary and HMCTS to Covid-19 can be found here.

 

Commentaries:

 

Delegated Legislation and Ministerial Directions:

 

Devolution:

 

Economic regulation and policy:

 

Education:

 

Human rights, equalities, and constitutionalism:

 

Immigration:

 

International response:

 

Local Government:

 

Ombuds:

 

Parliament:

 

Public health and social care:

 

Research projects:

  • Joe Tomlinson, Jed Meers and Simon Halliday launched a Nuffield Foundation funded initiative on law and compliance during Covid-19. The website for the initiative can be found here.

 

Social security:

 

NB: The artwork that appears with this piece was produced by Margaret Doyle (University of Essex). UKAJI thanks her for this excellent, creative contribution. She can be found on Twitter @MDmediation1

About UK Administrative Justice Institute

Funded by the Nuffield Foundation, we link research, practice & policy on administrative justice in the UK

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