Jasim for judicial review : decision-maker discretion and quality of process in making delegated legislation
Taylor, Robert and Wilson, Adelyn L M (2023) Jasim for judicial review : decision-maker discretion and quality of process in making delegated legislation. Edinburgh Law Review, 27 (1). pp. 104-113. ISSN 1364-9809 (https://doi.org/10.3366/elr.2023.0815)
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Abstract
In Jasim, a student brought a judicial review action against the decision of the Student Awards Agency for Scotland (SAAS) to refuse state funding to support her studies because she did not meet the eligibility criteria set down in the relevant Regulations. She challenged the lawfulness of the underlying Regulations on the basis that they were contrary to her rights under the European Convention on Human Rights (ECHR). The Outer House of the Court of Session upheld her petition, confirming that the Regulations were unlawful. The final orders made in the case have not been published, but it has been reported by the petitioner's backers that the Scottish Government has committed to introducing interim measures followed by new Regulations in due course.
ORCID iDs
Taylor, Robert and Wilson, Adelyn L M ORCID: https://orcid.org/0000-0001-5398-6799;-
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Item type: Article ID code: 86377 Dates: DateEvent1 January 2023Published31 December 2022AcceptedSubjects: Law Department: Faculty of Humanities and Social Sciences (HaSS) > Strathclyde Law School > Law Depositing user: Pure Administrator Date deposited: 03 Aug 2023 10:53 Last modified: 11 Nov 2024 14:02 Related URLs: URI: https://strathprints.strath.ac.uk/id/eprint/86377