April 24

Erin Ferguson: Public Authorities and Access to Environmental Information: The Legacy of Fish Legal

In February 2019, the First-tier Tribunal (General Regulatory Chamber, Information Rights) found that Poplar Housing and Regeneration Community Association Ltd (‘Poplar’) is not a public authority for the purposes of the Environmental Information Regulations 2004 (EIR), substituting an August 2018 decision by the Information Commissioner. The EIR allow the public to access environmental information held […]

April 10

Farrah Ahmed and Swati Jhaveri: Reclaiming Indian Administrative Law

This post argues that constitutional law has largely eclipsed common law judicial review of administrative action in India and it argues that this development has diminished the efficacy of common law judicial review as a means of addressing administrative failures. Article 14 of the Indian Constitution guarantees to everyone within India a ‘Fundamental Right’ to […]

March 27

Jahnavi Sindhu & Vikram Aditya Narayan: A Historical Argument Supporting Proportionality Review under the Indian Constitution

Understanding the standards of judicial review of State action under the Indian Constitution can be an extremely daunting exercise. This is largely attributable to the fact that the judiciary has developed multiple standards of review, both within and across the different fundamental rights provisions. For instance, under the “right to equality” clause, the standard of […]

Allison Anthony: Comparative methodology in Administrative Law – Relational theory as a legal framework for public law matters

Relational contract theory was created and developed in the American private law of contract. It is a theory steeped in socio-legal norms aimed at a more discretionary and flexible approach to contracts between parties. The proposal has been made that although created in private law, relational contract theory can form the theoretical framework on which […]

February 27

Sanjay Jain & Shirish Deshpande: How Legitimate are the Legitimate Expectations?

Introduction Along with the concepts of reasonableness and proportionality, principles of legal certainty and doctrine of legitimate expectations play a pivotal role in regulating and influencing the exercise of administrative discretion. In this post, we would focus on doctrine of legitimate expectations. Keeping in mind the continuum of the civilisation, there are bound to remain […]

February 13

Santanu Sabhapandit: Judicial Review of Administrative Action ‐ Beyond the long shadow of Fundamental Rights

There are strong linkages between administrative law and constitutional law in India. The Constitution is the source not only of the jurisdiction of the courts to conduct judicial review (See Article 32 and Article 226) but also of some of the principles of reviewing administrative action, as the judiciary has traced certain administrative law principles […]

January 24

Amy Semet: How Should Agencies Interpret Statutes?

How should administrative agencies interpret the statutes that they are charged to interpret? In my research, forthcoming in an article in Minnesota Law Review this spring that contributes to the growing body of literature empirically examining the administrative state, I examine how one specific U.S. administrative agency—the National Labor Relations Board—interprets the National Labor Relations […]