The Government’s Radical Theory of the Constitution
In its response to the Independent Review of Administrative Law, the Government has set out a theory of the constitution that animates its case for reform and informs its position...
Role of the Judiciary
The Independent Review of Administrative Law: The Government Response and Consultation Exercise
In two earlier blogs I considered the IRAL Panel’s Report and a central feature of the government response, which was premised on the assumption that courts were exceeding the bounds...
The Independent Review of Administrative Law-The Government Response
The government’s response to the Panel’s report was brief, Judicial Review: Proposals for Reform – Ministry of Justice – Citizen Space. It welcomed the Report, and made clear that it...
The Independent Review of Administrative Law-The Panel Report
The Report of the Independent Review of Administrative Law (IRAL) was made public on 16 March. It stretches to 195 pages in total, although one third of this comprises annexes...
Shamima Begum and The Humpty Dumpty Supreme Court
On 26 February 2021, the Supreme Court refused permission for Shamima Begum to return to the UK. The Supreme Court judgment in the high-profile case of the British woman who...
The Human Rights Act, 1998
A striking feature of the history of Europe since the ending of WW II has been the origin, development, application and enforcement of the international movement for the protection of...
Setting the Record Straight on Socio-Economic Rights Adjudication: Kenya Supreme Court’s Judgment in the Mitu-Bell Case
On 11 January 2021, the Kenyan Supreme Court delivered the judgment in Mitu-Bell Welfare Society. The case concerned the unlawful eviction and demolition of the homes of over 3,000 families...
Kenyan Supreme Court on Structural Interdicts and Application of UN Guidelines on Evictions
The Kenyan Supreme Court has overturned a Court of Appeal decision which found that the forceful eviction of the inhabitants of Mitumba village was not in violation of their fundamental...
The Genocide Amendment: Why is the UK Government dragging its feet? (Part I)
On 7 December 2020, the House of Lords debated the Trade Bill that defines the UK’s post-Brexit trade relationships and engaged with the question of what should happen if the...
On the grounds of sex’: SCOTUS brings sexual orientation within the ambit of Title VII
On June 15 2020, the US Supreme Court decided in Bostock v. Clayton County that Title VII of the 1964 Civil Rights Act forbids termination of employees because of their...
Kenya’s Constitutional Court Certifies Structural Interdict as an Interlocutory Remedy
Kenya’s constitutional court has demonstrated its flexibility in facilitating the progressive realisation of the constitutional aspirations through the rapidly evolving jurisprudence on Article 43 of the Constitution of Kenya 2010....
Irish Supreme Court quashes climate mitigation plan: environmental rights caught between redundancy and vagueness
On 31 July 2020, the Irish Supreme Court annulled the government’s climate mitigation plan. A grand chamber of – exceptionally – seven judges ruled unanimously that the plan did not...
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