The Policy and Politics of Building Tribunals for a Digital Age

I have written a blog post, for the UK Constitutional Law Blog, on the digitisation of tribunals in the UK. In the post, I highlight how this new age of tribunals brings with it new political and policy dynamics, which bear on the design process and, ultimately, the resulting system. I argue that it is important…

Review of Cane’s Controlling Administrative Power

I have recently written a review of Peter Cane’s new book, Controlling Administrative Power: An Historical Comparison, for the blog of the International Journal of Constitutional Law and Constitution-Making (I*CONnect). It is available here.  

The Gap Between Promise and Performance in Administrative Justice Systems

I have written a new blog article on the gap between promise and performance in administrative justice systems, which has been published via the Administrative Law in the Common Law World blog.  It is available here. The blog takes a typology developed in constitutional theory–concerning ‘sham’ constitutions’–and applies it to administrative justice. I suggest that, in its new…

Design Thinking for Administrative Redress: Some Preliminaries

I am presenting a working paper at an event—‘Contemporary Challenges in Constitutional Theory: International, European and Domestic Perspectives’—at the University of Liverpool (19 – 20 June 2017). The paper builds on work by Lorne Sossin, applying design thinking to administrative justice. The abstract for the paper is as follows: While many details of administrative functions…

Law, Society, and Administration in a Changing World

I will be speaking, with Professor Robert Thomas (University of Manchester), at the WG Hart Workshop on ‘Law, Society, and Administration in a Changing World’. Details of the conference–organised by Professor Peter Cane (Cambridge), Professor Jeff King (UCL), and Hayley Hooper (Cambridge)–are available here. Our paper will consider (internal) administrative review systems.

European Law Reporter Articles on Brexit, by Philip Allott and Richard Kirkham

A Luxembourg-based journal I am an editor of–the European Law Reporter–has a new issue out. It features two interesting articles on Brexit from UK scholars: Professor Philip Allott (Professor Emeritus of International Public Law, University of Cambridge) writes on ‘Fundamental Legal Aspects of Withdrawal from the EU: Eight Stages on the Way to a New…

UK Quo Vadis? The EEA as a Workable Framework

On 3 February 2017, the University of Sheffield School of Law—in co-operation with the UK Constitutional Law Association and the European Circuit of the Bar—hosted a seminar. The keynote speaker was Michael-James Clifton, a barrister and now Chef de Cabinet in the Chambers of the President of the EFTA Court, Professor Carl Baudenbacher. The EFTA…

Evidence on Delegated Legislation and the Great Repeal Bill for Commons Procedure Committee

Jake Rylatt (University of Cambridge) and I have submitted written evidence to the Commons Procedure Committee’s inquiry into Delegated Powers in the Great Repeal Act. Our evidence focuses particularly on the possible role of judicial review in relation to delegated legislation. Based on the legal principles identifiable in case law, we argue that the following measures may increase legal certainty by reducing the…

A Design Problem for Judicial Review

I have written a blog article on immigration judicial reviews with Professor Robert Thomas (University of Manchester). The post considers trends in the area and the problems presented by those trends. The article is available via the UK Constitutional Law Blog and the UK Administrative Justice Institute Blog. Dr. Paul Daly (University of Cambridge) has also written a response to this…

Brexit, Administrative Justice, and Human Rights

After the UK’s Brexit vote of June 2016, much of the attention—at least in legal circles—was focused on the Article 50 litigation. But, for all the debate, history is likely to see Miller as no more than a hallmark of a period of relative inactivity before the real reformation of the UK State begins. It is important for legal…