May 08

Adam Perry & Farrah Ahmed: Standing & Civic Virtue

Here’s a puzzle about standing. Suppose you’re a resident of, say, London. You love all things herpetological. You’re even the secretary of the local Herpetological Society (a real thing, by the way). You hear that the local council plans to build a power plant on public land – land which also happens to be one […]

April 28

Cora Hoexter: South African Administrative Law at a Crossroads: The Paja and the Principle of Legality

Judicial review in South African administrative law is never dull, but it is currently even more interesting than usual. One reason for this is the ongoing contest between the two main avenues to judicial review: the Promotion of Administrative Justice Act 3 of 2000 (PAJA) – constitutionally mandated if rather unpopular legislation produced by the […]

April 19

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 Judicial Developments in Administrative Law 1. The Singapore Court of Appeal has recently dismissed an application for judicial […]

April 12

Kate O’Regan: The Constitution and Administrative Law: Insights from South Africa’s constitutional journey

The constitutional transition that took place in South Africa between 1994 and 1997 swept away the constitutional and legal structures upon which the apartheid state had been based. Not only did South Africa adopt the principle of universal suffrage, but it also adopted a supreme constitution, founded on the principle that the exercise of all […]

April 05

Rebecca Williams: No Pyrrhic victories. The ‘Makes a Difference’ Rule and the Nature of Judicial Review

‘The principles of judicial review’, as Lord Hoffmann noted in Alconbury, ‘give effect to the rule of law. They ensure that administrative decisions will be taken rationally, in accordance with a fair procedure and within the powers conferred by Parliament’. It is therefore a matter of particular concern that in England and Wales s 84 […]

March 29

Alison Young: Efficiency v Equality

Judicial review is essential component of the rule of law. When governmental officials act beyond the scope of their powers, or harm rights, individuals can go to court and receive an appropriate remedy. Justice, however, is not cheap; especially in the United Kingdom. However, if judicial review provides you with an appropriate remedy, you may […]

March 23

Gautam Bhatia: Executive Legislation and the Separation of Powers in India

An issue of continuing concern in public and administrative law, across jurisdictions, has been the gradual concentration of power in the hands of the Executive branch of the government, at the expense of the legislative branch. Specifically, in recent months, the relationship between the Executive and the Parliament in a parliamentary-democratic system, has come into […]