Pub Date : 2021-07-01DOI: 10.1017/9781108870184.004
J. Manor
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Pub 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}
Pub Date : 2021-04-03DOI: 10.1080/10854681.2021.1964865
Reece Lewis
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)).
{"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}
Pub Date : 2021-04-03DOI: 10.1080/10854681.2021.1964870
C. Monaghan
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.
2. 司法判决容易引起争议。有时，最具突破性的决定会招致政治和社会领域左翼或右翼人士的批评。在具有宪法重要性的问题上，最高法院在R (Miller)诉国务卿退出欧盟(Miller No . 1)案中积极加强现有的法律宪法原则，并在R (Miller)诉首相(Miller No . 2)案中为政治宪法原则提供法律保护。不用说，这两项决定都受到了新闻界、政界和学术界的某些部分的谴责或严厉批评。当一项决定涉及像英国退欧这样存在分歧的政治议题时，法院和司法部门的个别成员有可能成为批评的目标，这并不奇怪。已故的JAG Griffith教授警告过司法的危险;政策交流的司法权力项目(Judicial Power Project)已经拾起了这个壁炉，不出所料，该项目对司法权的危险提出了警告。
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Pub Date : 2021-04-03DOI: 10.1080/10854681.2021.1964875
Ivan Hare QC
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.
{"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}
Pub Date : 2021-04-03DOI: 10.1080/10854681.2021.1929685
David Foxton
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...
{"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}
Pub Date : 2021-04-03DOI: 10.1080/10854681.2021.1947012
Patrick S. Hodge
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.
{"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}
Pub Date : 2021-01-02DOI: 10.1080/10854681.2021.1929668
D. Lock
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.
{"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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