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Browse \ Tags \ Judicial Review

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Book Review: 'Trials of the State' by Lord Sumption

'Trials of the State: Law and the Decline of Politics' by Lord Sumption offers an insightful and relevant perspective on the relationship between law and politics in modern Britain.

11:00, 22nd October 2019
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Prosecuting Rape: Is the CPS Raising the Bar Too High?

The End Violence Against Women Coalition has recently launched a legal challenge against the CPS for wrongfully dropping rape cases as conviction rates plummet. Has the CPS strayed from established policy, or is this simply a result of austerity and systemic issues in our justice system?

11:00, 8th October 2019
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Cherry v AG for Scotland, Part II: "No Justification" For Prorogation?

Following the decision of the Supreme Court in Cherry/Miller, this series considers the legal challenge to the PM's decision to prorogue Parliament. This is the second part of the series, which considers the decisions of the Inner House of the Scottish Court of Session and the UK Supreme Court.

11:00, 1st October 2019
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Cherry v AG for Scotland, Part I: Is a No-Deal Brexit Necessarily Implied?

In anticipation of the decision of the Supreme Court in Cherry/Miller, this series considers the Scottish challenge to the Prime MInister's decision to prorogue Parliament. This is the first part of the series, which considers the decision of the Outer House of Scottish Court of Session

18:00, 23rd September 2019
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Heathrow Expansion: A Potential Developmental Delusion

Recently, the Conservative Party has seemed willing to back the expansion of London's famous Heathrow Airport, despite serious climate change implications. In May 2019, a judicial review claim regarding the plans was struck down in the High Court. Was this the correct decision for the court to make?

11:00, 25th June 2019
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Noel Conway's Case: New Developments in the Right to Die Debate

The debate on assisted suicide has refused to go away. Several challenges to current legislation have been heard by the courts in recent years, each unsuccessfully attacking the law from a new angle. In keeping with this, Noel Conway's case represents the latest chapter in this long-running story.

12:00, 27th February 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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The Public Interest Case: TfL was Correct not to Renew Uber’s Licence

In the second part of Keep Calm Talk Law's debate on TfL's decision not to renew Uber's operating licence, Joseph Mahon argues that, when viewed through a broad lens that accounts for the bigger picture, the decision was a balanced and proportionate response to the company's continued failures.

12:00, 14th November 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.

11:00, 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?

11:00, 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.

11:00, 13th October 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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An Age-Old Question: The Law of Refugee Age Testing

Keep Calm Talk Law makes its comeback with an examination of law covering the tests through which the age of young asylum seekers is determined, following controversial claims from the tabloid press late last year that some refugees were falsifying their age to facilitate their entry into the UK.

12:00, 10th 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?

11:00, 21st July 2016
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To Infinity and Beyond: Legislating for the Peaceful Use of Outer Space

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