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JUDICIAL REVIEW AT THE CROSSROADS

Published online by Cambridge University Press:  03 July 2015

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IN R. (Moseley) v Haringey LBC [2014] 1 W.L.R. 3947, the Supreme Court unanimously upheld a judicial review challenge to the legality of a public consultation carried out by the defendant pursuant to a statutory duty to consult on proposed changes to Council Tax. However, more significant than the outcome is the marked divergence in the reasoning of different Justices. This divergence reflects wider tensions within the field of common law judicial review which have emerged over the last year. In particular, some judges have shown renewed enthusiasm for analysing review cases in terms of “rights”, which may foreshadow a major shift in the nature of review. Common law judicial review is seemingly approaching a crossroads. Which route is taken will have significant implications for the future of the field.

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Copyright © Cambridge Law Journal and Contributors 2015 

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