Administrative Law Matters

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Firming Up Judicial Review of Soft Law? R (A) v Secretary of State for the Home Department, [2021] UKSC 37 and R (BF (Eritrea) v Secretary of State for the Home Department, [2021] UKSC 38

Policies, guidelines, operational manuals and soft law instruments are pervasive in contemporary public administration. But when can an applicant challenge a soft law instrument as unlawful on the basis of illegality, irrationality or procedural unfairness? The UK Supreme Court considered this issue in detail in two recent decisions, setting out the principles in R (A) […] Read more

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The Shaky Foundations of the Supreme Court of Canada’s Public/Private Divide: Chartier v Métis Nation – Saskatchewan, 2021 SKQB 142

In a series of recent decisions, the Supreme Court of Canada has erected a divide between public and private law. First, judicial review of private organizations was restricted in Wall (see here), a restriction subsequently extended to judicial enforcement of private organizations’ constitutive documents in Aga (see here). Second, the appropriateness of judicial review of […] Read more

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