Fettering the Prerogative: Form and Substance

R. (Sandiford) v. Foreign and Commonwealth Secretary, [2013] EWCA Civ 581 is a fascinating case.  A British citizen has been accused by the Indonesian authorities of drug trafficking, an offence which carries the death penalty in that jurisdiction. She wants the British government to fund her defence. Her arguments -- which were rejected by the Court of Appeal -- are admirably summarized over at the excellent UK Human Rights Blog. The one that caught my eye relates to the prerogative.

Medical Marijuana and Fettering Discretion

One of the cardinal principles of administrative law is that a decision-maker should never fetter his or her discretion. A recent case involving a claim for reimbursement for medical marijuana illustrates the principle nicely: Heilman v The Workers’ Compensation Board, 2012 SKQB 361.

The Public-Private Divide Again

A decision from the Irish High Court in the long-running saga of Dontex Ltd. v. Dublin Docklands Development Authority, [2012] IEHC 318 is a useful example both of the division between private law and public law and of judicial reluctance to bar claims on the basis that the parties have chosen the wrong juridical route.