2019

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The Future of Substantive Review in English Administrative Law: R (Gallaher Group Ltd) v Competition and Markets Authority [2019] AC 96

The UK Supreme Court’s decision in R (Gallaher Group Ltd) v Competition and Markets Authority [2019] AC 96 has already spawned a large literature (for open-access commentary, see e.g. Mark Elliott and Joanna Bell). I noted the case when it was decided last summer but did not have much to say, treating it, first, as […] Read more

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Three Types of “Material” Error?

When will a jurisdictional error be sufficiently “material” to justify the quashing of a tainted decision? This issue has prompted some discussion on the High Court of Australia, most recently in Minister for Immigration and Border Protection v SZMTA [2019] HCA 3 and especially in Hossain v Minister for Immigration and Border Protection [2018] HCA 34. […] Read more

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For the Birds? Collateral Challenge, Legislative Intent and Public Law Remedies in R v Bird 2019 SCC 7

Found to be a long-term offender and known to be someone who struggled with conditional releases from custody, Mr Bird was made subject by the Parole Board of Canada to a long-term supervision order, which included a residency requirement. Mr Bird breached the residency requirement and criminal proceedings were duly initiated, carrying a penalty of […] Read more

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The Decline of the Passive Virtues

Away from this forum I’ve made three contributions in the last month to debates about Brexit, from a law and policy point of view. First, I participated in a Centre for Public Law panel discussion on the UK Supreme Court’s decision in the Scottish Continuity Billcase, [2018] UKSC 64. The link below starts at my […] Read more

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Administrative Authorities and the Disapplication of Domestic Law: Minister for Justice and Equality v Workplace Relations Commission C-378/17

Can a statutory tribunal disapply the law? The question arises in respect of constitutional challenges to legislation and, in the European Union, in respect of claims that domestic law contravenes norms of E.U. law. The recent decision of the Court of Justice in Minister for Justice and Equality v Workplace Relations Commission C-378/17 on a preliminary reference […] Read more