July 15

Call for Papers: The Fourth Biennial Public Law Conference 17-19 June 2020

The Public Law Conference series is the pre-eminent regular forum for the discussion of public law matters in the common law world. The first three conferences in the Public Law series were held in Cambridge in 2014 and 2016, and Melbourne in 2018. From 17 to 19 June 2020, the University of Ottawa Law School […]

June 04

Deciding which “traditional rights” are constitutionally protected in Hong Kong: the role of judicial review

What happens when the law collides with traditional rights? This was the matter at issue in the Hong Kong Court of First Instance case, Kwok Cheuk Kin and Anr v Director of Lands and Ors. [2019] HKCFI 867 (“Kwok Cheuk Kin”). Although the judgment (as commented below) seems destined for the Court of Final Appeal, […]

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 […]