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, […]

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 […]

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 […]

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 […]

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 […]

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 […]