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Browse \ Tags \ Administrative Law

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Constitution & Convention: What’s Stopping A Second Brexit Referendum?

The vote for the United Kingdom to leave the European Union on 23 June 2016 has proven difficult for many to accept. As such, there is an increasingly popular movement of citizens campaigning for a second referendum. Such a vote, however, may prove politically and legally impossible.

12:00, 9th November 2018
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How the Home Office Misused Anti-Terror Legislation Against Skilled Migrants

Paragraph 322(5) of the Immigration Rules provides the Home Office with a broad power to refuse immigration applications. One of the grounds of refusal is 'undesirable conduct'; recently, the Home Office has misused this ground to target skilled migrants who make minor tax mistakes.

12:00, 17th August 2018
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The Treatment of Negligent Doctors: Reflections on the Dr Bawa-Garba Case

The case of a junior doctor stripped of her medical licence following the death of a six-year-old triggered mass outcry among medical professionals. In their view, it showed the current law's failure to appreciate how systemic issues in the NHS can lead to human error. Should the law be reformed?

12:00, 24th July 2018
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Spanish Rugby in the Dock Pt II: Mitigating Ineligibility

The Spanish rugby team will miss out on qualifying for the Rugby World Cup 2019 after fielding ineligible players. An independent committee confirmed they had breached the laws of the game. However, in the second of a two part series, Ben Cisneros suggests there remains a glimmer of hope for Spain.

19:00, 20th May 2018
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Spanish Rugby in the Dock Pt I: Finding Grounds for Appeal

A Rugby World Cup 2019 qualification match between Belgium and Spain was steeped in controversy. But in a recent decision, an independent committee declined to order a replay. In the first of a two part series, Ben Cisneros looks at how English law might help Spanish Rugby challenge this ruling.

12:00, 18th May 2018
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Taming the Dragon: Keeping Welsh Law Accessible in the Devolution Age

Changes to the devolution arrangement have highlighted an increasing problem for Welsh lawyers: the inaccessibility of Welsh law. As Supreme Court justice Lord Lloyd-Jones explained in a recent speech, there are several ways to resolve this issue. His proposal is preferable, but still has flaws.

12:00, 15th May 2018
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Farewell to Arms? The Legality of Arms Sales to Saudi Arabia

The UK's arms sales to Saudi Arabia are heavily controversial, such that a legal challenge was brought against them by campaigners. The High Court's decision offered a fascinating example of how the courts are reluctant to cross fairly conservative boundaries between the executive and judiciary.

12:00, 5th December 2017
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Challenging the Call: Sporting Governing Bodies and Judicial Review

The courts have long resisted extending judicial review to sporting governing bodies, utilising a strained notion of contract to provide cover where necessary. But, with sport playing such a major public role in society, it is time for these bodies to have their decisions face greater scrutiny.

12:00, 20th October 2017
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Missing Open Goals: The Duty to Give Reasons in Oakley v South Cambridgeshire DC

The courts have resolutely denied the existence of a general duty for public bodies to give reasons for their decisions. But increasingly, they have also carved out and extended exceptions to that principle. So should the Court of Appeal have, in a recent case, decided to scrap it altogether?

12:00, 17th October 2017
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Poor Relations and Proportionality: The Flaws of TfL’s Uber Decision

The decision by Transport for London not to renew Uber's operating licence in London has proved divisive. But for all the public discourse, little focus has been placed on the legal specifics, close examination of which reveals several grounds for the company to use to launch a successful appeal.

12:00, 13th October 2017
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Lord Lester's 'Five Ideas to Fight For' - And How Brexit Changes Them

Lord Lester QC's book, published in April 2016, outlined the importance of fighting for five key ideals. Almost one year and a Brexit vote later, the protection that these principles are afforded is under threat, and the nature and content of the battle for them has changed.

12:00, 21st March 2017
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X v Ofsted: Testing the Law on Gender Discrimination in Schools

A case from late 2016 tested the law on discrimination in a novel way, by asking whether the segregation of pupils was a violation of the Equality Act 2010. Indeed, the decision sheds light on the important role that society's new ideas about discrimination might have in the future.

12:00, 17th January 2017
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Proportionality: A Panacea, or Something to Fear?

There exists what Taggart describes as a ‘bifurcated view’ of administrative law, where a line is drawn between human rights cases in which the proportionality test is used, and other cases in which the unreasonableness test remains operable. Does one provide better results than the other?

12:00, 21st July 2016
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Gagging the Sock Puppet: Impact of Anti-Lobbying Clauses on Scientific Research

In 2012, a report on behalf of the Institute of Economic Affairs claimed to identify fundamental problems with the way government funding was used by many charities. The government is now including anti-lobbying clauses in grants, which could materially jeopardise the effectiveness of research.

12:00, 25th May 2016
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