Judicial Activism in UK Law
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Council of Civil Service Unions v Minister for the Civil Service
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Like my noble and learned friend Lord Diplock, I believe that the law relating to judicial review has now reached the stage where it can be said with confidence that, if the subject matter in respect of which prerogative power is exercised is justiciable, that is to say if it is a matter upon which the court can adjudicate, the exercise of the power is subject to review in accordance with the principles developed in respect of the review of the exercise of statutory power.
By "irrationality" I mean what can by now be succinctly referred to as "Wednesbury unreasonableness" ( Associated Provincial Picture Houses Ltd. v. Wednesbury Corporation [1948] 1 K.B. 223). It applies to a decision which is so outrageous in its defiance of logic or of accepted moral standards that no sensible person who had applied his mind to the question to be decided could have arrived at it.
The first is where the authority concerned has been guilty of an error of law in its action as for example purporting to exercise a power which in law it does not possess. The second is where it exercises a power in so unreasonable a manner that the exercise becomes open to review upon what are called, in lawyers' shorthand, Wednesbury principles ( Associated Provincial Picture Houses Ltd. v. Wednesbury Corporation [1948] 1 K.B. 223).
If the executive instead of acting under a statutory power acts under a prerogative power and in particular a prerogative power delegated to the respondent under article 4 of the Order in Council of 1982, so as to affect the rights of the citizen, I am unable to see, subject to what I shall say later, that there is any logical reason why the fact that the source of the power is the prerogative and not statute should today deprive the citizen of that right of challenge to the manner of its exercise which he would possess were the source of the power statutory.
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International Transport Roth GmbH and Others v Secretary of State for the Home Department
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A, X and Y and Others and Secretary of State for the Home Department
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But the function of independent judges charged to interpret and apply the law is universally recognised as a cardinal feature of the modern democratic state, a cornerstone of the rule of law itself. The Attorney General is fully entitled to insist on the proper limits of judicial authority, but he is wrong to stigmatise judicial decision-making as in some way undemocratic.
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Fitzpatrick v Sterling Housing Association Ltd
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The hall marks of the relationship were essentially that there should be a degree of mutual inter-dependence, of the sharing of lives, of caring and love, of commitment and support. In respect of legal relationships these are presumed, though evidently are not always present as the family law and criminal courts know only too well. In de facto relationships these are capable, if proved, of creating membership of the tenant's family.
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The Constitutional Limits of Judicial Activism: Judicial Conduct of International Relations and Child Abduction
Judges are increasingly visible in their participation in activities off the bench. This may create difficulties in drawing the line between their duties in court and their other activities. Howeve...
- Privacy, Confidence and Press Freedom: A Study in Judicial Activism
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Judicial Activism in the Name of the Nation: Reneging on the Integration of Immigrants in Greece
Why do courts sometimes decide to liberalize migrants’ rights, while at others restricting such rights, even contrary to the policies of elected governments? This article addresses this question in...
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The ‘Fight against Corruption’ in Brazil from the 2000s: A Political Crusade through Judicial Activism
The anti‐corruption struggle has become an international political doctrine since the 1990s. On the one hand, it has been anchored in organizations that promote ideas and models of ‘good governance...
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The Bribery Act 2010
More Questions Than Answers
... ... Co-operation and Development (OECD), triggered mainly by the judicial handling of the investigation into the recent bribery allegations against ... However, in the wake of recent judicial activism, seen in the court's decision to dramatically increase the penalty paid by ... ...
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Custody Time Limits And Why They Matter
... ... As cited in the recent judicial spat, a lack of available courts is ... not a good enough reason to keep ... That this combination has led to ... increasing judicial activism (or at least serious judicial ... discontent) is unsurprising and a sign ... ...
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Disclosure Scheme Implemented in Certain Divisions of the High Court of England & Wales
What Is It? A two-year pilot scheme running in certain divisions of the English High Court, designed to reduce the volume of disclosure documents (discovery) produced in English litigation. W...... ... scheme presumes co-operation between the parties and a degree of judicial activism. Further, given that Initial Disclosure will not apply in a ... ...
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The New Commercial Court Guide: What Litigators Need To Know
... ... to case management in the new Guide: (1) judicial ... "activism"; (2) the more efficient use of limited ... judicial ... ...