Thom Dyke | University of Oxford (original) (raw)

Papers by Thom Dyke

Judicial review, Oct 2, 2018

The great end, for which men entered into society, was to secure their property. That right is pr... more The great end, for which men entered into society, was to secure their property. That right is preserved sacred and incommunicable in all instances, where it has not been taken away or abridged by some public law for the good of the whole. The cases where this right of property is set aside by private law, are various … The justification is submitted to the judges, who are to look into the books; and if such a justification can be maintained by the text of the statute law, or by the principles of common law. 1

Judicial review, Apr 3, 2017

1. Recent years have seen a quiet revolution take place in public law challenges to decisions of ... more 1. Recent years have seen a quiet revolution take place in public law challenges to decisions of public prosecuting bodies, such as the Crown Prosecution Service (CPS) and Serious Fraud Office (SFO). After a long line of authorities in which the courts took a restrictive approach to such claims, a spate of cases and European legislation, the availability of judicial review in this area began to open up after 2010. As a counter to this growing trend, the Victims’ Right to Review Scheme (VRR) was introduced in 2013. The VRR created a new mechanism for those involved in the criminal justice system to challenge CPS decisions, without having to go to the expense of formal court proceedings.

Judicial review, Jun 1, 2009

1. This article provides practitioners with a guide to the domestic case law relating to Article ... more 1. This article provides practitioners with a guide to the domestic case law relating to Article 11, in the wake of the Human Rights Act 1998. It will be necessary to deal first with some general principles of interpretation, before turning to a descriptive analysis of the case law concerning assembly and association. From this, it will be possible to draw a number of conclusions as to how Art. 11 arguments may be most effectively raised and deployed in practice. In particular, arguments around proving proportionality will be explored as an escape route from the strong pro-state bias of Art. 11.

Judicial review, Sep 1, 2011

1. Since it came to power in May 2010, the coalition government has been forced into making a num... more 1. Since it came to power in May 2010, the coalition government has been forced into making a number of high-profile policy reversals. From scrapping plans to sell off public woodlands, to rethinks on health reorganisation and sentencing reforms, the government has repeatedly found itself on the defensive. Whilst public outcry has proved moderately successful in bringing about changes in policy, campaigners and local authorities are turning increasingly to judicial review in order to assert their resistance to the austerity measures brought in by the coalition.

Judicial Review, 2009

1. This article provides practitioners with a guide to the domestic case law relating to Article ... more 1. This article provides practitioners with a guide to the domestic case law relating to Article 11, in the wake of the Human Rights Act 1998. It will be necessary to deal first with some general principles of interpretation, before turning to a descriptive analysis of the case law concerning assembly and association. From this, it will be possible to draw a number of conclusions as to how Art. 11 arguments may be most effectively raised and deployed in practice. In particular, arguments around proving proportionality will be explored as an escape route from the strong pro-state bias of Art. 11.

Judicial Review, 2018

The great end, for which men entered into society, was to secure their property. That right is pr... more The great end, for which men entered into society, was to secure their property. That right is preserved sacred and incommunicable in all instances, where it has not been taken away or abridged by some public law for the good of the whole. The cases where this right of property is set aside by private law, are various … The justification is submitted to the judges, who are to look into the books; and if such a justification can be maintained by the text of the statute law, or by the principles of common law. 1

Judicial Review, 2017

1. Recent years have seen a quiet revolution take place in public law challenges to decisions of ... more 1. Recent years have seen a quiet revolution take place in public law challenges to decisions of public prosecuting bodies, such as the Crown Prosecution Service (CPS) and Serious Fraud Office (SFO). After a long line of authorities in which the courts took a restrictive approach to such claims, a spate of cases and European legislation, the availability of judicial review in this area began to open up after 2010. As a counter to this growing trend, the Victims’ Right to Review Scheme (VRR) was introduced in 2013. The VRR created a new mechanism for those involved in the criminal justice system to challenge CPS decisions, without having to go to the expense of formal court proceedings.

Judicial Review, 2011

1. Since it came to power in May 2010, the coalition government has been forced into making a num... more 1. Since it came to power in May 2010, the coalition government has been forced into making a number of high-profile policy reversals. From scrapping plans to sell off public woodlands, to rethinks on health reorganisation and sentencing reforms, the government has repeatedly found itself on the defensive. Whilst public outcry has proved moderately successful in bringing about changes in policy, campaigners and local authorities are turning increasingly to judicial review in order to assert their resistance to the austerity measures brought in by the coalition.

In Lord Sumption and the Limits of the Law, leading public law scholars reflect on the nature and... more In Lord Sumption and the Limits of the Law, leading public law scholars reflect on the nature and limits of the judicial role and its implications for human rights protection and democracy. The starting point for this reflection is Lord Sumption's lecture, 'The Limits of the Law', which grounds a wide-ranging discussion of questions including the scope and legitimacy of judicial law-making, the interpretation of the European Convention on Human Rights, and the continuing significance and legitimacy, or otherwise, of the European Court of Human Rights. Lord Sumption ends the volume with a substantial commentary on the responses to his lecture.

Judicial review, Oct 2, 2018

The great end, for which men entered into society, was to secure their property. That right is pr... more The great end, for which men entered into society, was to secure their property. That right is preserved sacred and incommunicable in all instances, where it has not been taken away or abridged by some public law for the good of the whole. The cases where this right of property is set aside by private law, are various … The justification is submitted to the judges, who are to look into the books; and if such a justification can be maintained by the text of the statute law, or by the principles of common law. 1

Judicial review, Apr 3, 2017

1. Recent years have seen a quiet revolution take place in public law challenges to decisions of ... more 1. Recent years have seen a quiet revolution take place in public law challenges to decisions of public prosecuting bodies, such as the Crown Prosecution Service (CPS) and Serious Fraud Office (SFO). After a long line of authorities in which the courts took a restrictive approach to such claims, a spate of cases and European legislation, the availability of judicial review in this area began to open up after 2010. As a counter to this growing trend, the Victims’ Right to Review Scheme (VRR) was introduced in 2013. The VRR created a new mechanism for those involved in the criminal justice system to challenge CPS decisions, without having to go to the expense of formal court proceedings.

Judicial review, Jun 1, 2009

1. This article provides practitioners with a guide to the domestic case law relating to Article ... more 1. This article provides practitioners with a guide to the domestic case law relating to Article 11, in the wake of the Human Rights Act 1998. It will be necessary to deal first with some general principles of interpretation, before turning to a descriptive analysis of the case law concerning assembly and association. From this, it will be possible to draw a number of conclusions as to how Art. 11 arguments may be most effectively raised and deployed in practice. In particular, arguments around proving proportionality will be explored as an escape route from the strong pro-state bias of Art. 11.

Judicial review, Sep 1, 2011

1. Since it came to power in May 2010, the coalition government has been forced into making a num... more 1. Since it came to power in May 2010, the coalition government has been forced into making a number of high-profile policy reversals. From scrapping plans to sell off public woodlands, to rethinks on health reorganisation and sentencing reforms, the government has repeatedly found itself on the defensive. Whilst public outcry has proved moderately successful in bringing about changes in policy, campaigners and local authorities are turning increasingly to judicial review in order to assert their resistance to the austerity measures brought in by the coalition.

Judicial Review, 2009

1. This article provides practitioners with a guide to the domestic case law relating to Article ... more 1. This article provides practitioners with a guide to the domestic case law relating to Article 11, in the wake of the Human Rights Act 1998. It will be necessary to deal first with some general principles of interpretation, before turning to a descriptive analysis of the case law concerning assembly and association. From this, it will be possible to draw a number of conclusions as to how Art. 11 arguments may be most effectively raised and deployed in practice. In particular, arguments around proving proportionality will be explored as an escape route from the strong pro-state bias of Art. 11.

Judicial Review, 2018

The great end, for which men entered into society, was to secure their property. That right is pr... more The great end, for which men entered into society, was to secure their property. That right is preserved sacred and incommunicable in all instances, where it has not been taken away or abridged by some public law for the good of the whole. The cases where this right of property is set aside by private law, are various … The justification is submitted to the judges, who are to look into the books; and if such a justification can be maintained by the text of the statute law, or by the principles of common law. 1

Judicial Review, 2017

1. Recent years have seen a quiet revolution take place in public law challenges to decisions of ... more 1. Recent years have seen a quiet revolution take place in public law challenges to decisions of public prosecuting bodies, such as the Crown Prosecution Service (CPS) and Serious Fraud Office (SFO). After a long line of authorities in which the courts took a restrictive approach to such claims, a spate of cases and European legislation, the availability of judicial review in this area began to open up after 2010. As a counter to this growing trend, the Victims’ Right to Review Scheme (VRR) was introduced in 2013. The VRR created a new mechanism for those involved in the criminal justice system to challenge CPS decisions, without having to go to the expense of formal court proceedings.

Judicial Review, 2011

1. Since it came to power in May 2010, the coalition government has been forced into making a num... more 1. Since it came to power in May 2010, the coalition government has been forced into making a number of high-profile policy reversals. From scrapping plans to sell off public woodlands, to rethinks on health reorganisation and sentencing reforms, the government has repeatedly found itself on the defensive. Whilst public outcry has proved moderately successful in bringing about changes in policy, campaigners and local authorities are turning increasingly to judicial review in order to assert their resistance to the austerity measures brought in by the coalition.

In Lord Sumption and the Limits of the Law, leading public law scholars reflect on the nature and... more In Lord Sumption and the Limits of the Law, leading public law scholars reflect on the nature and limits of the judicial role and its implications for human rights protection and democracy. The starting point for this reflection is Lord Sumption's lecture, 'The Limits of the Law', which grounds a wide-ranging discussion of questions including the scope and legitimacy of judicial law-making, the interpretation of the European Convention on Human Rights, and the continuing significance and legitimacy, or otherwise, of the European Court of Human Rights. Lord Sumption ends the volume with a substantial commentary on the responses to his lecture.