Public Law, Judicial Review and Human Rights
Public law, sometimes called administrative law, regulates the legal relationship between public authorities and private organisations and individuals.
Public law disputes are usually dealt with by a petition for judicial review in the Court of Session or by way of a statutory appeal procedure.
Judicial review allows individuals and businesses to challenge the decisions made by Ministers, Government Departments, local authorities and other public bodies. These bodies can include professional organisations, regulatory bodies, planning authorities and some tribunals.
The Human Rights Act 1998 significantly expanded the scope to challenge decisions made by public bodies by making it unlawful for public bodies to act incompatibly with certain provisions of the European Convention on Human rights (“ECHR”).
The courts can strike down delegated legislation and Acts of the Scottish Parliament. Axiom members have significant expertise in constitutional law and have acted in the leading cases that have arisen since devolution and the creation of the Scottish Parliament.
Members of Axiom Advocates have extensive experience in all aspects of public law and have appeared in the majority of the leading cases in this area in recent years.
Members have significant experience in relation to:
- Constitutional law
- Judicial Review
- Human Rights & civil liberties
- Local government
- Planning & environmental law
- Data protection & privacy
- Freedom of information
- Immigration & nationality
- Mental health
- Police & prison law
- Housing law
- Education law
- Public Inquiries
- Public procurement
- Regulatory & disciplinary law