Administrative Law Matters

Commentary on developments in administrative law, particularly judicial review of administrative action by common law courts.

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When Can “Policy” Be Taken into Account?

In my last post in this series (see also here and here), I consider when “policy” can be taken into account by administrative decision-makers. In what circumstances can the “policy” memorialized in the instruments described in the previous post be taken into account by administrative decision-makers? The answer to this question is two-fold: it depends, […] Read more

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Administrative Law Values, Constitutional Principles and Mandatory Orders: R (Imam) v London Borough of Croydon [2023] UKSC 45

When a court finds in judicial review proceedings that a decision was unlawful, it must then turn its mind to the question of remedy. Of all the available remedies in the judicial armoury, the mandatory order is the most far-reaching and intrusive. Particular care is required before deploying it, as Lord Sales’s analysis in R […] Read more

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“Policy” in Administrative Law

“Policy” is one of the most poorly defined terms in the social sciences, as Professor Cairney has observed (The Politics of Evidence-Based Policy Making (2016), at p. 4). In law, the situation is little better. My focus here is on public administration, so I will confine my observations to the law of public administration — […] Read more

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Against ATCO: Text, Purpose & Context, not “Implied” and “Express” Powers

I have a new paper coming out next year in the Advocates’ Quarterly, entitled “Against ATCO: Text, Purpose & Context, not “Implied” and “Express” Powers“: It is often said that administrative bodies have no inherent jurisdiction, only those powers granted by the legislature. Questions about the scope of regulatory authority arise frequently and are often […] Read more