scholarly journals Le contrôle juridictionnel de l'action administrative devant les juridictions anglaises

2005 ◽  
Vol 26 (4) ◽  
pp. 863-880
Author(s):  
Sir Gordon Slynn
Keyword(s):  
United Kingdom ◽  
Judicial Review ◽  
Public Authorities ◽  
The United Kingdom ◽  
Private Rights ◽  
The Law ◽  
Law Commission ◽  
The Way

This article outlines the difficulties which were felt to exist in the prerogative orders of certiorari, mandamus and prohibition in the United Kingdom, despite important developments which had taken place in their use. It describes in detail the recommendations of the Law Commission and the changes introduced both by Rules of Court and legislation. The former procedures are replaced by an application for judicial review, though the basis upon which relief is granted remains substantially the same. Recent cases show the way in which the new procedure has developed. Distinctions are drawn between the test to be applied on the application for leave and on the final hearing, and between the proceeding by way of judicial review to challenge the acts of public authorities and actions where purely private rights are claimed. This article shows the way in which the possibility of exceptions to this latter distinction has been established and suggests that the ambit of the new procedure is still in course of development.

Legalism and English Administrative Law: Comment on Sterett

1992 ◽  
Vol 17 (01) ◽  
pp. 89-100 ◽  
Author(s):  
David Feldman ◽  
Mark Gould
Keyword(s):  
Judicial Review ◽  
Administrative Law ◽  
Recent Issue ◽  
Review Procedure ◽  
The Law ◽  
1960S And 1970S ◽  
The 1960S ◽  
Law Commission ◽  
The Way

In a recent issue of this journal (Volume 15, Number 4, Fall 1990), Susan Sterett examined the role of the Law Commission in the development of English administrative law. She suggested that the Commission mimicked a “peak association” and adopted an “idiom of legalism” in order to justify its reform proposals. This comment disagrees with Sterett on three grounds. First, the role and constitutional position of the Commission is far more complex than Sterett suggests, and this affects the way in which the Commission works. Second, judges and academic lawyers were central to the reform of substantive principles of judicial review in the 1960s and 1970s, making it unnecessary for the Law Commission to act in this field. Finally, it is wrong to ignore the fact that much administrative law occurs outside the judicial review procedure.

13. Ombudsmen

2018 ◽  
Author(s):  
Timothy Endicott
Keyword(s):  
Human Rights ◽  
Local Government ◽  
Judicial Review ◽  
Judicial Process ◽  
Public Authorities ◽  
Key Features ◽  
The Law ◽  
The Way

This chapter examines ombudsmen and other forms of investigation of the working of government, and the ways in which they can resolve disputes and improve administration. The ombudsmen’s role has four key features: (1) it is independent; (2) it investigates a complaint; (3) it looks for injustice caused by maladministration; and (4) it makes a report. The chapter explains the ombudsman process, the Parliamentary Ombudsman, local government ombudsmen, the effects of ombudsmen’s reports, judicial review of ombudsmen, the European Ombudsman, the Equality and Human Rights Commission, and the Inquiries Act 2005. The chapter also explains the law on judicial review of ombudsman decisions and judicial review of the way in which public authorities respond to ombudsman reports, and argues that the judicial process has very little to offer in improving the operation of ombudsman schemes.

A Supreme Court for the United Kingdom?

Legal Studies ◽  
2004 ◽  
Vol 24 (1-2) ◽  
pp. 36-44 ◽  
Author(s):  
Brenda Hale
Keyword(s):  
United Kingdom ◽  
Supreme Court ◽  
Question Mark ◽  
The United Kingdom ◽  
The Law ◽  
Consultation Paper ◽  
Law Commission

The Government's Consultation Paper does not have a question mark in its title. It does not purport to be a serious discussion of the role of a Supreme Court in a democracy. This is scarcely to be expected of such a document or its respondents, so I propose to respond in its own terms rather than on the loftier plane usually adopted by contributors to this journal. More unexpectedly, the Consultation Paper does not even put forward a serious set of options to consider. At the Law Commission, we always had (at least a metaphorical) question mark in our title because we almost always put forward two options which do not appear in this consultation: the ‘do nothing’ and the ‘let’s abolish it' options. Both have a lot to be said for them here.

Recent Developments in the Law of Sovereign Immunity in the United Kingdom

1977 ◽  
Vol 71 (3) ◽  
pp. 423-437 ◽  
Author(s):  
Rosalyn Higgins
Keyword(s):  
United Kingdom ◽  
Practical Interest ◽  
Sovereign Immunity ◽  
The United Kingdom ◽  
Recent Developments ◽  
The Law ◽  
The Way

The last eighteen months have witnessed very significant changes in the interpretation and application of the doctrine of sovereign immunity by the English Courts. These changes are important not only as matters of historical and practical interest, but because they address many of the fundamental policy questions in a manner that has been unnecessary in U.S. practice because of the way in which the Tate Letter has channelled the development of the law along certain set patterns.

Judicial Development of the Criminal Law by the Supreme Court

2020 ◽  
Author(s):  
Findlay Stark
Keyword(s):  
United Kingdom ◽  
Supreme Court ◽  
Criminal Law ◽  
Criminal Proceedings ◽  
The United Kingdom ◽  
The Supreme Court ◽  
Ex Ante ◽  
The Law ◽  
The Government ◽  
Law Commission

Abstract It will be argued that the United Kingdom Supreme Court (UKSC) should be bound by certain restrictions on its ability to develop the substantive criminal law: (i) the UKSC’s decision must plausibly be part of an (albeit edited) continuing legal narrative, not a fresh ‘striking out’ in a new direction; (ii) the UKSC should not make decisions that permit the conviction of the defendant when this development could not reasonably have been predicted, ex ante; (iii) the UKSC should take account of the ‘mood music’ (if any) of Parliament, the government and the Law Commission when deciding whether to develop the criminal law in a particular manner; and (iv) the UKSC should bear in mind the practical and epistemic limitations inherent in criminal proceedings (even on appeal). Recent judgments of the UKSC display insufficient regard for these considerations. Attention will be given, specifically, to Jogee (on complicity) and Ivey (on dishonesty).

How Can a Reformed Surrogacy Law Reflect Pragmatism and Respect Ethics?

2019 ◽  
pp. 253-263
Author(s):  
Kirsty Horsey
Keyword(s):  
United Kingdom ◽  
England And Wales ◽  
Ethical Concerns ◽  
The United Kingdom ◽  
The Law ◽  
Laws And Policies ◽  
Direct Outcome ◽  
Law Commission

This chapter argues for the need for the re-regulation of surrogacy. The law in the United Kingdom, currently, does not serve the interests of those involved in surrogacy to the extent it should, including intended parents, surrogates, and—importantly—children. This is partly due to the bulk of the legislation regulating surrogacy being developed in the 1980s, when family laws and policies were significantly different, and when the tone of the law was permissive, yet discouraging of surrogacy. A direct outcome of this was an increase in intended parents seeking surrogacy overseas, which potentially raises more ethical questions. Ultimately, a reform of the laws on surrogacy – currently being considered by the Law Commission of England and Wales and the Scottish Law Commission – should carefully and pragmatically consider the exact message that the reformed law would send, so as to maximize its utilitarian potential, while minimizing ethical concerns.

Speeding-Up Innovation with Business Hackathons

2019 ◽  
Vol 2 (1) ◽  
Author(s):  
Myrna FLORES ◽  
Matic GOLOB ◽  
Doroteja MAKLIN ◽  
Christopher TUCCI
Keyword(s):  
United Kingdom ◽  
Open Innovation ◽  
Entrepreneurial Ecosystems ◽  
The United Kingdom ◽  
Short Period ◽  
User Centric ◽  
Specific Challenge ◽  
Innovation Outcomes ◽  
The Way

In recent years, the way organizations innovate and develop new solutions has changed considerably. Moving from ‘behind the closed doors’ style of innovating to open innovation where collaboration with outsiders is encouraged, organizations are in the pursuit of more effective ways to accelerate their innovation outcomes. As a result, organizations are establishing creative and entrepreneurial ecosystems, which not only empower employees but also involve many others to co-create new solutions. In this paper, we present a methodology for organizing hackathons, i.e. competition-based events where small teams work over a short period of time to ideate, design, prototype and test their ideas following a user-centric approach to solve a specific challenge. This paper also provides insights into two different hackathons organized in the United Kingdom, and Mexico, as well as a series of 5 hackathons organized in Argentina, Mexico, Switzerland, United Kingdom and in Senegal.

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