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This category contains 59 posts

The “no substantial difference” test for judicial review remedies – a snapshot of the trends

Mustaqim Iqbal (University of Oxford) and Lee Marsons (University of Essex) Reforming judicial review remedies is back on the legislative agenda. The last time similar proposals were suggested, the result was section 84 of the Criminal Justice and Courts Act 2015 (CJCA), which inserted section 31(2A)-(2C) and (3C)-(3F) into the Senior Courts Act 1981. This … Continue reading

Mandatory Orders and the enforcement of public law duties: R (Imam) v Croydon LBC

Mandatory Orders and the enforcement of public law duties: R (Imam) v Croydon LBC By Gabriel Tan In public law, the imposition of a duty on a public body means that the body must act in a particular way, or secure a particular outcome. Where these duties are not fulfilled, the most direct and effective … Continue reading

Debating judicial power after the Independent Review of Administrative Law

Debating judicial power after the Independent Review of Administrative Law By Gabriel Tan On 18th March, the Cambridge Union hosted their Final Debate of Lent 2021 on the motion: ‘This House Believes Judges Make Better Law Than Politicians’, with two former Supreme Court Justices, Lord Sumption and Lord Neuberger, speaking on opposite sides of the … Continue reading

Lessons in the teaching of administrative law: A review of The Anatomy of Administrative Law

Lessons in the teaching of administrative law: A review of The Anatomy of Administrative Law By Richard Kirkham (University of Sheffield) Administrative law scholarship has changed in nature in recent years. Abstract debates around ultra vires have been replaced by the more confrontational challenge to the reach of judicial review posed by conservative think-tanks and … Continue reading

(Lacking in) Methodological Rigour, Human Rights and Devolution: IRAL’s challenge is one of process as well as substance

(Lacking in) Methodological Rigour, Human Rights and Devolution: IRAL’s challenge is one of process as well as substance By Katie Boyle and Diana Camps (University of Stirling) The Independent Review of Administrative Law (IRAL) manifests as an example of methodological research practice that is inherently flawed from the outset. We argue here that the review … Continue reading