The cornerstone of our law: equality, consistency and judicial review

Foran, M. (2022) The cornerstone of our law: equality, consistency and judicial review. Cambridge Law Journal, 81(2), pp. 249-272. (doi: 10.1017/s000819732200023x)

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Equality before the law is a foundational principle of the common law and is of particular importance for administrative law, given the connection between judicial review and the rule of law. Analysis as to the precise requirements of this principle can help us better to understand the role that obligations to act consistently play within judicial review. This article will examine whether consistency ought to be classed as a separate ground of review and argue that this is unnecessary. Examination of the role that legal equality plays within common law reason generally will shed light on the role that it plays within administrative law in particular. Consistency is best conceived as a background principle, informed by the value of legal equality, housed within reasonableness review and not as a separate ground of review that could elide the distinction between review and appeal.

Item Type:Articles
Glasgow Author(s) Enlighten ID:Foran, Dr Michael
Authors: Foran, M.
College/School:College of Social Sciences > School of Law
Journal Name:Cambridge Law Journal
Publisher:Cambridge University Press
ISSN (Online):1469-2139
Published Online:22 September 2022
Copyright Holders:Copyright © The Author(s) 2022
First Published:First published in Cambridge Law Journal 81(2): 249-272
Publisher Policy:Reproduced under a Creative Commons License

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