Government Models, Decision-Making, and the Public Law Presumption of Disclosure

(2020) 25 Judicial Review 296

12 Pages Posted: 2 Sep 2021

Date Written: November 23, 2020

Abstract

In recent decades, public bodies in the UK have increasingly relied on models, with differing levels of sophistication, to assist them with decision-making. However, officials are often reluctant to disclose such models. An important question of public law that results is if and when a public authority is under a duty to disclose a model. This article argues that there has now emerged a clear line of authorities in England and Wales which establishes a strong presumption in favour of disclosing decision-making models. These principles are likely to be an increasingly contested aspect of administrative law in the coming years.

Suggested Citation

Maxwell, Jack and Tomlinson, Joe, Government Models, Decision-Making, and the Public Law Presumption of Disclosure (November 23, 2020). (2020) 25 Judicial Review 296, Available at SSRN: https://ssrn.com/abstract=3900833 or http://dx.doi.org/10.2139/ssrn.3900833

Jack Maxwell (Contact Author)

Victorian Bar

205 William Street, Melbourne
Melbourne, Victoria
Australia

Joe Tomlinson

University of York ( email )

England
United Kingdom

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