Tom Hickman, Adjudicating constitutional rights in administrative law
Published in the University of Toronto Law Journal, Volume 66, Issue 1, pages 121-171.
The article examines how courts apply bills of rights to administrative decisions. It adopts a comparative perspective, analysing the law in the United Kingdom, Canada, and New Zealand. It is found that the courts in each jurisdiction have taken a different approach in relation to the two central issues – namely, (1) whether courts decide for themselves whether rights have been violated or whether they adopt a secondary reviewing role; and (2) whether bills of rights are used as a means of imposing enhanced requirements on decision makers in terms of how they reach their decisions, beyond common law requirements of relevancy and proper purposes.
About the author
Tom Hickman is a Reader in Public Law at UCL Laws.