Pub Date : 2022-04-03DOI: 10.1080/10854681.2022.2096329
P. Law, Trevor T W Wan
1. Hong Kong, once hailed as a ‘liberal enclave’ located at the periphery of China, is known for its vibrant common law tradition and civic-minded citizenry that regularly ‘mobilize on shared constitutional meanings to resist perceived regime malfeasance’. Through lodging judicial review applications in the name of ‘public interest’, organisations and individuals move to combat administrative and constitutional injustice in the judicial fora. Nevertheless, noble though their causes might be, these public-spirited litigants must first surmount one jurisdictional hurdle before their applications can proceed – they must convince the courts that they have the requisite standing to bring the action. Toborrow the term coinedby Cane, they have to show ‘public interest standing’. While public interest standing is no novel concept to the law, its contours and operation continue to attract discussions and scepticism among judges, scholars and practitioners, catalysing the emergence of a sizeable corpus of case law across common law jurisdictions.
{"title":"Standing Up for Public Interest Standing: The Hong Kong Experience","authors":"P. Law, Trevor T W Wan","doi":"10.1080/10854681.2022.2096329","DOIUrl":"https://doi.org/10.1080/10854681.2022.2096329","url":null,"abstract":"1. Hong Kong, once hailed as a ‘liberal enclave’ located at the periphery of China, is known for its vibrant common law tradition and civic-minded citizenry that regularly ‘mobilize on shared constitutional meanings to resist perceived regime malfeasance’. Through lodging judicial review applications in the name of ‘public interest’, organisations and individuals move to combat administrative and constitutional injustice in the judicial fora. Nevertheless, noble though their causes might be, these public-spirited litigants must first surmount one jurisdictional hurdle before their applications can proceed – they must convince the courts that they have the requisite standing to bring the action. Toborrow the term coinedby Cane, they have to show ‘public interest standing’. While public interest standing is no novel concept to the law, its contours and operation continue to attract discussions and scepticism among judges, scholars and practitioners, catalysing the emergence of a sizeable corpus of case law across common law jurisdictions.","PeriodicalId":232228,"journal":{"name":"Judicial Review","volume":"68 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-04-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125626013","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}
Pub Date : 2022-04-03DOI: 10.1080/10854681.2022.2099613
Michael C. Bromby
1. Prisoner transfers can be made between a British Overseas Territory (BOT) and the UK under the Colonial Prisoners Removal Act 1884 (‘the 1884 Act’). The case Douglas & Ramoon v The Governor of the Cayman Islands & The Director of Prisons challenged the Notice of Concurrence made by the Governor of the Cayman Islands in respect of the Order of Removal for the Appellants, which was made out by a Secretary of State under the Colonial Prisoners Removal Order in Council 1907.
{"title":"Challenging the Decision of the Cayman Islands Government to Transfer a Prisoner to the United Kingdom","authors":"Michael C. Bromby","doi":"10.1080/10854681.2022.2099613","DOIUrl":"https://doi.org/10.1080/10854681.2022.2099613","url":null,"abstract":"1. Prisoner transfers can be made between a British Overseas Territory (BOT) and the UK under the Colonial Prisoners Removal Act 1884 (‘the 1884 Act’). The case Douglas & Ramoon v The Governor of the Cayman Islands & The Director of Prisons challenged the Notice of Concurrence made by the Governor of the Cayman Islands in respect of the Order of Removal for the Appellants, which was made out by a Secretary of State under the Colonial Prisoners Removal Order in Council 1907.","PeriodicalId":232228,"journal":{"name":"Judicial Review","volume":"26 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-04-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115167068","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}
Pub Date : 2022-04-03DOI: 10.1080/10854681.2022.2117945
Roshan Panesar
1. For over a century, the deployment of the armed forces abroad has been carried out by the government with minimal or no involvement from Parliament. Yet, the House of Commons’ increasing involvement in such decisions is one of several constitutional changes since 1997. Starting in 2003, the Commons has been given a vote on military deployments in Iraq, Libya and Syria. A constitutional convention developed by which the government seeks the Commons’ approval for military action.
{"title":"Accountability and the Use of the Armed Forces","authors":"Roshan Panesar","doi":"10.1080/10854681.2022.2117945","DOIUrl":"https://doi.org/10.1080/10854681.2022.2117945","url":null,"abstract":"1. For over a century, the deployment of the armed forces abroad has been carried out by the government with minimal or no involvement from Parliament. Yet, the House of Commons’ increasing involvement in such decisions is one of several constitutional changes since 1997. Starting in 2003, the Commons has been given a vote on military deployments in Iraq, Libya and Syria. A constitutional convention developed by which the government seeks the Commons’ approval for military action.","PeriodicalId":232228,"journal":{"name":"Judicial Review","volume":"105 6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-04-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117311453","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}
Pub Date : 2022-04-03DOI: 10.1080/10854681.2022.2111966
D. Hoadley, Joe Tomlinson, E. Nemsic, Cassie Somers-Joce
{"title":"How Public is Public Law? The Current State of Open Access to Administrative Court Judgments","authors":"D. Hoadley, Joe Tomlinson, E. Nemsic, Cassie Somers-Joce","doi":"10.1080/10854681.2022.2111966","DOIUrl":"https://doi.org/10.1080/10854681.2022.2111966","url":null,"abstract":"","PeriodicalId":232228,"journal":{"name":"Judicial Review","volume":"30 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-04-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117015408","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}
Pub Date : 2022-04-03DOI: 10.1080/10854681.2022.2111965
Melanie Rayner
4. Historically, given that most care was provided by the state, charities or the church and care standards were monitored by those bodies, the need for regulation in health and social care was perceived to be minimal. However, welfare reforms following the Second World War brought the newly created National Health Service and social care services run by local authorities; with these changes came the need for regulation.
{"title":"The Care Quality Commission: A Regulatory Evolution","authors":"Melanie Rayner","doi":"10.1080/10854681.2022.2111965","DOIUrl":"https://doi.org/10.1080/10854681.2022.2111965","url":null,"abstract":"4. Historically, given that most care was provided by the state, charities or the church and care standards were monitored by those bodies, the need for regulation in health and social care was perceived to be minimal. However, welfare reforms following the Second World War brought the newly created National Health Service and social care services run by local authorities; with these changes came the need for regulation.","PeriodicalId":232228,"journal":{"name":"Judicial Review","volume":"484 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-04-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115878012","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}
Pub Date : 2022-01-02DOI: 10.1080/10854681.2022.2066890
Miranda Butler
Abstract The issue of statutory interpretation, and the assistance to be gleaned in that process from pre-legislative and Parliamentary materials, has been on the minds of various Supreme Court justices in recent times. The recent judgment in Project for the Registration of Children as British Citizens and O contains important warnings for practitioners wishing to rely on these materials but, furthermore, highlights what appears to be a sustained retreat from a more purposive, contextual style of interpretation into a more strictly literal approach. Such a trend would be constitutionally concerning, particularly at this time of legislative overhaul.
{"title":"Statutory Interpretation after PRCBC and O v SSHD: Should we ‘Waste the Court’s Time a Great Deal Less in Looking at Background Material’?","authors":"Miranda Butler","doi":"10.1080/10854681.2022.2066890","DOIUrl":"https://doi.org/10.1080/10854681.2022.2066890","url":null,"abstract":"Abstract The issue of statutory interpretation, and the assistance to be gleaned in that process from pre-legislative and Parliamentary materials, has been on the minds of various Supreme Court justices in recent times. The recent judgment in Project for the Registration of Children as British Citizens and O contains important warnings for practitioners wishing to rely on these materials but, furthermore, highlights what appears to be a sustained retreat from a more purposive, contextual style of interpretation into a more strictly literal approach. Such a trend would be constitutionally concerning, particularly at this time of legislative overhaul.","PeriodicalId":232228,"journal":{"name":"Judicial Review","volume":"23 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123214284","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}
Pub Date : 2022-01-02DOI: 10.1080/10854681.2021.2013680
Rose
1. We are living in an increasingly statistical world. Complex statistical modelling is now commonplace, and, as a consequence, assessing the validity and reliability of statistical evidence is becoming ever more difficult. In daily Coronavirus updates, we are shown facts and figures displaying both absolute numbers and also changes in the rate of vaccinations, infections, hospitalisations, and deaths. Should we wish them to do so, our phones or other electronic devices can monitor and provide us with statistics showing our daily steps, screen time, and even our sleep quality. Statistics are also increasingly visible and influential in the world of sport. In football it is now easy to track the distance that a player runs throughout a game, the top speed that they reach, and even how many goals they scored as compared to their “expected goals”, i.e. the number of goals that they ought to have scored given the quality of the chances that they had.
{"title":"A Numbers Game? Statistics in Public Law Cases: ALBA Annual Lecture, 5 July 2021","authors":"Rose","doi":"10.1080/10854681.2021.2013680","DOIUrl":"https://doi.org/10.1080/10854681.2021.2013680","url":null,"abstract":"1. We are living in an increasingly statistical world. Complex statistical modelling is now commonplace, and, as a consequence, assessing the validity and reliability of statistical evidence is becoming ever more difficult. In daily Coronavirus updates, we are shown facts and figures displaying both absolute numbers and also changes in the rate of vaccinations, infections, hospitalisations, and deaths. Should we wish them to do so, our phones or other electronic devices can monitor and provide us with statistics showing our daily steps, screen time, and even our sleep quality. Statistics are also increasingly visible and influential in the world of sport. In football it is now easy to track the distance that a player runs throughout a game, the top speed that they reach, and even how many goals they scored as compared to their “expected goals”, i.e. the number of goals that they ought to have scored given the quality of the chances that they had.","PeriodicalId":232228,"journal":{"name":"Judicial Review","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131225374","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}
Pub Date : 2022-01-02DOI: 10.1080/10854681.2022.2076933
Nicholas Wrightson
1. On 12May 2021, PrimeMinister Boris Johnson announced an independent public inquiry into the handling of the COVID-19 pandemic in the UK (the ‘Inquiry’). The Inquiry is a statutory public inquiry with full powers under the Inquiries Act 2005. On 15 December 2021, Baroness Hallett was announced as the Chair of the Inquiry panel. Her first major act was to run a four-week public consultation on the government’s draft terms of reference (set out by the Prime Minister to describe the Inquiry’s scope and purpose). On 12 May 2022, the Chair recommended changes to the draft terms of reference. It is now up to the PrimeMinister to finalise the topics to be covered. There is much to do before public hearings commence, potentially in 2023.
{"title":"The UK COVID-19 Public Inquiry: A Challenge and an Opportunity","authors":"Nicholas Wrightson","doi":"10.1080/10854681.2022.2076933","DOIUrl":"https://doi.org/10.1080/10854681.2022.2076933","url":null,"abstract":"1. On 12May 2021, PrimeMinister Boris Johnson announced an independent public inquiry into the handling of the COVID-19 pandemic in the UK (the ‘Inquiry’). The Inquiry is a statutory public inquiry with full powers under the Inquiries Act 2005. On 15 December 2021, Baroness Hallett was announced as the Chair of the Inquiry panel. Her first major act was to run a four-week public consultation on the government’s draft terms of reference (set out by the Prime Minister to describe the Inquiry’s scope and purpose). On 12 May 2022, the Chair recommended changes to the draft terms of reference. It is now up to the PrimeMinister to finalise the topics to be covered. There is much to do before public hearings commence, potentially in 2023.","PeriodicalId":232228,"journal":{"name":"Judicial Review","volume":"27 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129604320","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}
Pub Date : 2022-01-02DOI: 10.1080/10854681.2022.2096327
W. Hays, Alex du Sautoy
1. The task of judicial review entails an assessment about the relative institutional competence of, on the one hand, the public authority which made the decision and, on the other hand, the court or tribunal tasked with judging the legality of that decision. This reflects how the Supreme Court in R (Begum) v Special Immigration Appeals Commission analysed the task of the Commission when hearing appeals and statutory reviews of decisions taken by the Secretary of State in the national security context.
{"title":"Judicial Review of the Criminal Process","authors":"W. Hays, Alex du Sautoy","doi":"10.1080/10854681.2022.2096327","DOIUrl":"https://doi.org/10.1080/10854681.2022.2096327","url":null,"abstract":"1. The task of judicial review entails an assessment about the relative institutional competence of, on the one hand, the public authority which made the decision and, on the other hand, the court or tribunal tasked with judging the legality of that decision. This reflects how the Supreme Court in R (Begum) v Special Immigration Appeals Commission analysed the task of the Commission when hearing appeals and statutory reviews of decisions taken by the Secretary of State in the national security context.","PeriodicalId":232228,"journal":{"name":"Judicial Review","volume":"6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134480264","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}
Pub Date : 2022-01-02DOI: 10.1080/10854681.2022.2084949
Natasha Jackson
2. The Good Law Project and EveryDoctor’s high-profile challenge to the ‘VIP lane’ for awarding government contracts for the supply of personal protective equipment (PPE) during the COVID-19 pandemic raised important ancillary issues regarding the release of confidential and commercially sensitive information into the public domain. The recent decision invites the opportunity to revisit well-established principles governing derogations from open justice to protect sensitive material, and offers fresh commentary on the proper procedure for seeking the release of information from a confidentiality ring.
2. Good Law Project和EveryDoctor在2019冠状病毒病大流行期间高调挑战授予政府个人防护装备(PPE)供应合同的“VIP通道”，引发了将机密和商业敏感信息泄露到公共领域的重要附属问题。最近的决定使我们有机会重新审视为保护敏感材料而克减公开司法的既定原则，并就寻求从保密圈子中公布信息的适当程序提供了新的评论。
{"title":"‘One (Confidentiality) Ring to Rule Them All’: Reflections on Confidential and Sensitive Information and the Open Justice Principle Following the Good Law Project and EveryDoctor Case","authors":"Natasha Jackson","doi":"10.1080/10854681.2022.2084949","DOIUrl":"https://doi.org/10.1080/10854681.2022.2084949","url":null,"abstract":"2. The Good Law Project and EveryDoctor’s high-profile challenge to the ‘VIP lane’ for awarding government contracts for the supply of personal protective equipment (PPE) during the COVID-19 pandemic raised important ancillary issues regarding the release of confidential and commercially sensitive information into the public domain. The recent decision invites the opportunity to revisit well-established principles governing derogations from open justice to protect sensitive material, and offers fresh commentary on the proper procedure for seeking the release of information from a confidentiality ring.","PeriodicalId":232228,"journal":{"name":"Judicial Review","volume":"7 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130188368","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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