Tag Archives: judicial review

Human rights and the environment in the law of England and Wales (K. Morrow)

Author

Karen Morrow

Keywords

Human rights, environment, procedure, ECHR, Aarhus Convention, judicial review, costs

Abstract

This paper considers recent domestic case law demonstrating developments of particular importance in pursuing environmental claims before the courts in England and Wales. It reflects on the evolution of mainstream human rights law, specifically the European Convention on Human Rights and the Human Rights Act in engaging with environmental claims before the courts. Further discussion focuses on the development of specifically environmental rights based regimes, in particular, the Aarhus Convention and the EU provisions that partially implement it and their application in domestic law.

Citation

(2010) 1 Journal of Human Rights and the Environment 66

Paper

Worth the paper that they are written on? Human rights and the environment in the law of England and Wales

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Public Law Project: the impact of human rights on judicial review (V. Bondy)

Author

Varda Bondy

Keywords

Judicial review; access to justice; environmental justice; human rights; HRA; ECHR; imigration and asylum.

Abstract

The project was designed to evaluate the impact of the Human Rights Act 1998 on the processing, decision-making and jurisprudence of judicial review, and in particular to assess the extent to which HRA grounds provide new opportunities for successful challenge to public authorities. This research was undertaken over two years after the implementation of the HRA on 2nd October 2000, and so it was anticipated that practitioners and the judiciary would have had sufficient time to become familiar with its use. The reforms in the administrative court arising from the Bowman review, which were largely based on the premise that the Human Rights Act would lead to a substantial increase in the volume of judicial review applications, were implemented at the same time as the Human Rights Act. They were designed to encourage the parties to proceedings to resolve disputes prior to permission rather than after permission had been granted. This project was designed to investigate whether this aim had been achieved.

Citation

(June 2003, Public Law Project)

Paper

Public Law Project: the impact of human rights on judicial review.

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Public interest litigation in Hong Kong: a new hope for social transformation? (K. Kong)

Author

Karen Kong

Keywords

Environment; Hong Kong ; Judicial review; Locus standi; Proportionality; Public interest

Abstract

Considers the scope for public interest judicial review cases in Hong Kong to facilitate social transformation. Examines the basis of public interest litigation, its political context in Hong Kong and judicial attitudes to such litigation in environmental cases such as the Hong Kong High Court decision Ng Ngau Chai v Town Planning Board. Reflects on the current approach to remedies, standing and litigation costs, and discusses the need for a greater willingness to adjudicate on public interest issues, and for proportionality to be accepted as a general ground of review.

Citation

(2009) 28(3) Civil Justice Quarterly 327-343

Paper

Public interest litigation in Hong Kong : a new hope for social transformation?

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Public Law Project: the impact of human rights on judicial review (V. Bondy)

Author

Varda Bondy

Keywords

Judicial review; access to justice; environmental justice; human rights; HRA; ECHR; immgration and asylum.

Abstract

The project was designed to evaluate the impact of the Human Rights Act 1998 on the processing, decision-making and jurisprudence of judicial review, and in particular to assess the extent to which HRA grounds provide new opportunities for successful challenge to public authorities. This research was undertaken over two years after the implementation of the HRA on 2nd October 2000, and so it was anticipated that practitioners and the judiciary would have had sufficient time to become familiar with its use. The reforms in the administrative court arising from the Bowman review, which were largely based on the premise that the Human Rights Act would lead to a substantial increase in the volume of judicial review applications, were implemented at the same time as the Human Rights Act. They were designed to encourage the parties to proceedings to resolve disputes prior to permission rather than after permission had been granted. This project was designed to investigate whether this aim had been achieved.

Citation

(June 2003, Public Law Project)

Paper

Public Law Project: the impact of human rights on judicial review.

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How green is judicial review? (M. Beloff)

Author

Michael J Beloff QC

Keywords

Access to justice, environmental justice, judicial review, standing (locus standi), specialist environmental court/tribunal, HRA 1998, ECHR

Abstract

This article was initially a lecture at the David Hall Memorial Lecture (ELF, 24th June 2004) that highlights the ubiquitous problem of judicial review as an adequate tool for environmental protection. It lacks the credentials to afford such protection whilst flouting international binding treaties; he posses the question whether it is time for a specialist environmental tribunal. It is a case study of the relevant cases which systematically reveal the ‘usual suspects’ that strengthen the argument that judicial review is inadequate as a means of protecting the rights of individuals in environmental matters which is made even broader in light of human rights litigation since the advent of the HRA 1998.

Citation

( 2004 ) 16(4) Environmental Law and Management, 175-186.

Paper

How green is judicial review?

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