Remedies in Judicial Review: Confronting an Intellectual Blindspot
Public Law (forthcoming)
23 Pages Posted: 2 Nov 2021
Date Written: October 28, 2021
Some aspects of judicial review have received more attention and are better understood by public law scholars than others. The role of remedies in judicial review has received strikingly little academic attention in recent decades. Using a study of the exercise of remedial discretion across a sample of 438 successful judicial reviews, this paper highlights the important contributions scholarly study can make to debate about previous, current and future reform. It offers important practical insights on several topics, including the impact of remedial reforms in 2015 and the likely consequences of the Judicial Review and Courts Bill which is presently before Parliament. More broadly, it makes a call to public law academics to take judicial review remedies more seriously.
Keywords: judicial review, remedies, administrative law, reform
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