Topic

‘The Relationship Between Judicial Review and the Upper Tribunal: What Have the Courts made of Cart?’

Author/Academic

Joanna Bell

Viewpoint

This article discusses how the courts have responded to R (on the application of Cart) v Upper Tribunal (2011) which gave guidance on the operation of judicial review in relation to decisions of the Upper Tribunal. It goes on to examines the justifications for the court finding such applications were restricted by the ‘second-appeals criteria’, whether subsequent cases have seen the criteria as a filter or set of restricted grounds, and the approach of the High Court.

Source

[2018] Public Law 394–412

Topic

‘Ultra Vires Revisited’

Author/Academic

Thomas Adams

Viewpoint

Explains the importance of Trevor Allan’s arguments that theories of judicial review were too focused on conceptual aspects of constitutionality instead of on its moral foundations. Examines the debate between supporters of the competing ultra vires and common law theories of judicial review, and suggests why it was conducted under the mistaken belief that a choice must be made between the two theories. Proposes an alternative approach.

Source

[2018] Public Law 31–43

Topic

‘Outcomes Aren’t All: Defending Process-Based Review of Public Authority Decisions under the Human Rights Act’

Author/Academic

David Mead

Viewpoint

Evaluates the approach adopted by the House of Lords in its judgments in R (on the application of Begum) v Denbigh High School Governors, Belfast City Council v Miss Behavin’ Ltd and R (on the application of Nasseri) v Secretary of State for the Home Department that, where a public authority measure has been challenged under the Human Rights Act 1998 for being disproportionate, it is sufficient for the authority to show that it had proportionate outcomes, known as the ‘outcomes is all’ approach, rather than that its proportionality was addressed during the decision-making process.

Source

[2012] Public Law 64–84

Topic

‘The Flexibility Rule in Administrative Law’

Author/Academic

Adam Perry

Viewpoint

The author argues that the flexibility rule, relating to the ability for administrative officials to rely on policies enabling them to exercise discretionary powers, requires authorities to treat policies as rules of thumb. He asserts that the rule should apply equally to policies on the use of statutory, non-statutory, and prerogative powers.

Source

(2017) 76 Cambridge Law Journal 375–398