January 17

Joanna Bell: Administrative Blunders & Judicial Review: Analysing the UKSC Decision in Gallaher v Competition & Markets Authority

Administrative bodies such as the UK’s Office of Fair Trading (‘OFT’) (now the Competition and Markets Authority) are sometimes required to undertake investigations into alleged wrongdoing by groups of individuals or companies. If, in the course of the investigation, an administrative blunder occurs the effect of which is to put one of those individuals or […]

January 11

Joe Tomlinson and Byron Karmeba: No Deal, No Appeal: A Case for Amending the UK’s Immigration and Social Security Co-ordination (EU Withdrawal) Bill

‘[I]n this day and age a right of access to a tribunal or other adjudicative mechanism established by the state is just as important and fundamental as a right of access to the ordinary courts.’ – Baroness Hale, R v Secretary of State for the Home Department ex parte Saleem [2001] 1 WLR 443, 458 […]

January 09

Kyle Jordaan: Damages against the Administrative State – The South African and Indian Experience

The design of appropriate remedies to cure harm occasioned by the administrative process has shown to be a perennial plague for the South African judiciary. Of the hurdles experienced includes the broader dilemma of whether private law or public law is to regulate a matter and thereafter provide redress. In particular, courts have displayed a […]

December 19

Administrative Law Digest

This post contains a roundup of recent developments (in and out of courts) and recent 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 Australia: The High Court recently dismissed an application which sought to review […]

December 11

Administrative Law Digest

  Judicial Developments Australia: The Federal Court of Australia dismissed an application for judicial review against a decision made by the Assistant Minister for Home Affairs to revoke a delegate of the Minister’s decision to overturn the originally mandatory cancellation of the Applicant-Appellant’s migrant visa. The Court held that the Appellant had failed to prove […]

December 05

Andrew Edgar and Rayner Thwaites: Enforcing International Law Through Judicial Review

Australian academic analysis of the interaction between public international law and domestic administrative law is largely framed by models that no longer characterize that interaction well. Australian scholarship on the domestic implementation of international law, insofar as it discusses administrative law, focuses on enforcement by the courts of unincorporated treaty commitments through the legitimate expectations […]

November 30

Joanna Bell: Privacy International Symposium – Framing Questions about Ouster Clauses

Privacy International has brought judicial review proceedings against the Investigatory Powers Tribunal, in respect of the Tribunal’s treatment of a complaint about computer hacking by GCHQ. At first instance ([2017] EWHC 114 (Admin)) and on appeal ([2017] EWCA Civ 1868), it has been held that judicial review of the Tribunal is precluded by the ouster […]