Judicial ReviewPub Date : 2021-07-01DOI: 10.1017/9781108870184.004
J. Manor
{"title":"The Interplay of Law and Politics in India","authors":"J. Manor","doi":"10.1017/9781108870184.004","DOIUrl":"https://doi.org/10.1017/9781108870184.004","url":null,"abstract":"","PeriodicalId":232228,"journal":{"name":"Judicial Review","volume":"128 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126269709","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Judicial ReviewPub Date : 2021-07-01DOI: 10.1017/9781108870184.006
J. McEldowney
{"title":"Judicial Review: Perspectives and Reflections for the Twenty-First Century","authors":"J. McEldowney","doi":"10.1017/9781108870184.006","DOIUrl":"https://doi.org/10.1017/9781108870184.006","url":null,"abstract":"","PeriodicalId":232228,"journal":{"name":"Judicial Review","volume":"79 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130901784","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Judicial ReviewPub Date : 2021-04-03DOI: 10.1080/10854681.2021.1964865
Reece Lewis
{"title":"How Can Consultations be Fair During the Covid-19 Pandemic?","authors":"Reece Lewis","doi":"10.1080/10854681.2021.1964865","DOIUrl":"https://doi.org/10.1080/10854681.2021.1964865","url":null,"abstract":"1. The common law duty for government consultations is ‘well-established’: the consultation must be undertaken at a time when proposals are still at a formative stage (Coughlan (1)); it must include sufficient reasons for particular proposals to allow those consulted to give intelligent consideration and an intelligent response (Coughlan (2)); adequate time must be given for this purpose (Coughlan (3)); and the product of the consultation must be conscientiously taken into account when the ultimate decision is taken (Coughlan (4)).","PeriodicalId":232228,"journal":{"name":"Judicial Review","volume":"3 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-04-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134624796","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Judicial ReviewPub Date : 2021-04-03DOI: 10.1080/10854681.2021.1964870
C. Monaghan
{"title":"‘The Court of Appeal … Appears to Have Overlooked the Limitations to its Competence, Both Institutional and Constitutional, to Decide Questions of National Security’: Shamima Begum, the Supreme Court and the Relationship Between the Judiciary and the Executive","authors":"C. Monaghan","doi":"10.1080/10854681.2021.1964870","DOIUrl":"https://doi.org/10.1080/10854681.2021.1964870","url":null,"abstract":"2. Judicial decisions are prone to being controversial. Sometimes the most ground-breaking decisions attract vocal criticism from either the left, or right, of the political and social spectrum. On matters of constitutional importance, the Supreme Court has certainly been proactive in its reinforcement of existing legal constitutional principles in R (Miller) v Secretary of State for Exiting the European Union (Miller No 1) and in giving legal protection to a principle of the political constitution in R (Miller) v Prime Minister (Miller No 2). Needless to say, both decisions were condemned or severely criticised by some sections of the press, political establishment and the academy. When a decision concerns political subjects as divisive as Brexit it is not unsurprising that the courts and individual members of the judiciary risk becoming the target for criticism. The late Professor JAG Griffith warned of the dangers of the judiciary; this mantel has been picked up by Policy Exchange’s Judicial Power Project, which unsurprisingly warns against the dangers of judicial power.","PeriodicalId":232228,"journal":{"name":"Judicial Review","volume":"13 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-04-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116416401","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Judicial ReviewPub Date : 2021-04-03DOI: 10.1080/10854681.2021.1964875
Ivan Hare QC
{"title":"O’Reilly Again: Oh Really? Procedural Exclusivity in Judicial Review","authors":"Ivan Hare QC","doi":"10.1080/10854681.2021.1964875","DOIUrl":"https://doi.org/10.1080/10854681.2021.1964875","url":null,"abstract":"1. It is almost 40 years since Lord Diplock introduced the concept of procedural exclusivity into English law: a rule of public policy that may lead to a claim against a public authority being struck out as an abuse of process if pursued by a procedure other than judicial review. For decades following the decision in O’Reilly, the courts’ time has been absorbed adjudicating upon ‘the undesirable complexities of this over-legalistic procedural dichotomy’. More recently, the focus has properly shifted to seeking a balance between the legitimate need to protect public decision-making from unmeritorious or tardy claims and the interests of challengers in having their claims decided on the merits rather than being struck out on procedural grounds. The whole episode calls into question whether it was ever appropriate to introduce so radical a reform by means of judicial decision.","PeriodicalId":232228,"journal":{"name":"Judicial Review","volume":"6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-04-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127155183","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Judicial ReviewPub Date : 2021-04-03DOI: 10.1080/10854681.2021.1929685
David Foxton
{"title":"Public Law Illegality in Private Law Claims: Some Recent Developments","authors":"David Foxton","doi":"10.1080/10854681.2021.1929685","DOIUrl":"https://doi.org/10.1080/10854681.2021.1929685","url":null,"abstract":"1. Professor Dicey took pride in the fact that English law knew no ‘droit administratif’, suggesting that ‘in England, and in countries which, like the United States, derive their civilization from...","PeriodicalId":232228,"journal":{"name":"Judicial Review","volume":"98 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-04-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131764655","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Judicial ReviewPub Date : 2021-04-03DOI: 10.1080/10854681.2021.1947012
Patrick S. Hodge
{"title":"The Scope of Judicial Law-making in Constitutional Law and Public Law","authors":"Patrick S. Hodge","doi":"10.1080/10854681.2021.1947012","DOIUrl":"https://doi.org/10.1080/10854681.2021.1947012","url":null,"abstract":"1. At a time when the government has initiated reviews of administrative law and the Human Rights Act 1998, this is a suitable occasion for me to revisit the scope of judicial law-making. I have written on this subject before, but have not written an article which focusses solely on public law. In this article I seek to place modern developments in constitutional law and public law in their historical context, discuss the circumstances which have enhanced the role of the judiciary in our society, and examine the necessary limitations on the judicial role.","PeriodicalId":232228,"journal":{"name":"Judicial Review","volume":"19 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-04-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134574334","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Judicial ReviewPub Date : 2021-01-02DOI: 10.1080/10854681.2021.1929668
D. Lock
{"title":"Legal Issues Arising Out of Medical Priority Decision Making","authors":"D. Lock","doi":"10.1080/10854681.2021.1929668","DOIUrl":"https://doi.org/10.1080/10854681.2021.1929668","url":null,"abstract":"1. The current phase of the pandemic is presenting profound challenges for all parts of the NHS. At times, over 1000 people a day have been dying of Covid-19 and new and more virulent strains have appeared at various times. The country has spent long periods in lockdown and the only hope for return to normality is a mass vaccination programme using one of the (now) three approved vaccines. But the challenges of the logistics of delivering that type of vaccination programme cannot be underestimated, as well as securing the vaccines on such a mass scale.","PeriodicalId":232228,"journal":{"name":"Judicial Review","volume":"31 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124909919","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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