The cornerstone of our law : equality, consistency, and judicial review
Foran, Michael P (2022) The cornerstone of our law : equality, consistency, and judicial review. The Cambridge Law Journal. ISSN 1469-2139 (In Press)
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Abstract
Equality before the law is a foundational principle of the common law and is of particular importance for administrative law given the connection between judicial review and the rule of law. Analysis as to the precise requirements of this principle can help us to better understand the role that obligations to act consistently play within judicial review. This paper will examine whether consistency ought to be classed as a separate ground of review and argue that this is unnecessary. Examination of the role that legal equality plays within common law reason generally will shed light on the role that it plays within administrative law in particular. Consistency is best conceived as a background principle, informed by the value of legal equality, housed within reasonableness review and not a separate ground of review that could elide the distinction between review and appeal.
ORCID iDs
Foran, Michael P
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Item type: Article ID code: 80171 Dates: DateEvent22 March 2022Published22 March 2022AcceptedKeywords: equality, consistency, administrative law, judicial review, common law, Law, Law Subjects: Law Department: Faculty of Humanities and Social Sciences (HaSS) > School of Law > Law Depositing user: Pure Administrator Date deposited: 11 Apr 2022 15:18 Last modified: 27 Jul 2022 02:52 Related URLs: URI: https://strathprints.strath.ac.uk/id/eprint/80171