October 25

Ridwanul Hoque: The “Datafin” Turn in Bangladesh: Opening Up Judicial Review of Private Bodies

This post considers a recent development in Bangladeshi case law on the judicial review of private bodies. To begin with, Bangladeshi courts are largely conservative in opening up judicial review for private bodies or private acts of the State. Regarding the reviewability of state contracts, for example, the court remained quite dismissive for a long […]

October 13

Stephen Thomson: Hong Kong’s Obscene Articles Tribunal: The Tip of the Separation of Powers Iceberg

The Obscene Articles Tribunal (OAT) in Hong Kong performs the administrative function of classifying articles and matter as obscene or indecent.  This is in addition to a judicial determination function on the obscenity or indecency of articles or matter referred by a court or magistrate in the course of proceedings.  The OAT’s powers are regulated […]

October 09

Administrative Law Digest

This post contains a roundup of recent developments (in and out of courts) and scholarship in the area of administrative law around the common law world. To submit content for our next update, please email us at alawblogorg@gmail.com. Judicial Developments in Administrative Law The Canadian Supreme Court has allowed an appeal in a case involving two […]

October 03

Santanu Sabhapandit: Justiciability of Contracted-Out Public Services in India

The 2015 Supreme Court of India judgment in DSC-Viacon is a brief judgment. This case came to the Supreme Court on appeal from a High Court decision (also brief in nature). While the length of a judgment bears no reasonable indication of the gravity of the legal issues involved, given the complexity of the area […]

September 29

Joanna Bell: A Long-Neglected Case with Some Important Lessons about Standing

 It seems fair to say that the literature on standing in English administrative law has focused very heavily on a particular kind of problem: a public authority is placed under a legal duty, the fulfilment of which is intended to benefit, not any one individual but, the public as a whole or a subsection of […]

September 18

Adam Perry: What’s so great about flexible policies?

If there were ever a prize for “least examined ground of judicial review”, I would nominate the flexibility rule. The flexibility rule says that administrative policies must be flexible not rigid. The rule is nearly a century old. It’s part of the law of judicial review in England and Wales, Canada, Australia, New Zealand, and […]

September 07

Lee Marsons: Common law proportionality in English law: are we there yet?

Traditional judicial review in English law distinguishes between the tests of reasonableness and proportionality for judging the lawfulness of the exercise of administrative discretion. As Lord Steyn noted at [26] in R (Daly) v Secretary of State for Justice (‘SSJ’) [2001] UKHL 26, proportionality is the appropriate test when rights protected by the Human Rights […]