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Judicial review

This category contains 42 posts

Brexit and Administrative Justice: An Early Analysis (Part III – Redress and the Courts)

Brexit and Administrative Justice: An Early Analysis (Part III – Redress and the Courts)  By Joe Tomlinson   In the previous two posts in this series, I have highlighted some key emerging trends in law and administration linked to Brexit. In this final post, I address the question of where redress procedures and the courts … Continue reading

An example of how administrative justice design considerations apply across the justice system

Transparency, accountability and the role of internal review – key administrative justice design considerations – feature in proposed changes to the way the Parole Board makes decisions. The Worboys case, heard in the High Court on 13-14 March 2018, is the first time a victim has challenged a Parole Board decision. Two victims of the … Continue reading

What is Administrative Law About? Power, Rights, and Judicial Culture in Australia

BY JOE MCINTYRE Administrative Law has always exposed difficult constitutional fault lines. As the role of the State expanded, courts improvised responses to affect a broadly effective system of legal accountability for executive action. 22 more words via What is Administrative Law About? Power, Rights, and Judicial Culture in Australia — AUSPUBLAW Dr Joe McIntyre is … Continue reading

Courts challenge ombud’s approach to determining service failure

UKAJI is publishing a series of blog posts about the Court of Appeal decision in Miller v Health Service Commissioner [2018] EWCA Civ 144 (February 2018), which identified a number of failures in the investigation by the Health Service Ombudsman for England. The first post, by Richard Kirkham, considered what the judgment tells us about judicial approaches to … Continue reading

New Tribunal powers for health and social care – key points from the guidance

Originally posted on rightsinreality:
So from April* the SEN and Disability Tribunal will have new powers to make ‘non binding recommendations’ on health and social care needs and provision in EHC Plans for disabled children and young people. There is an excellent overview of the Tribunal’s new powers on the Contact website. This is potentially…