Facts in Public Law Adjudication

Author: Joe Tomlinson; Anne Carter
Publisher: Hart Publishing
ISBN: 9781509957422

Published In: June 2025
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Hardback Edition ISBN: 9781509957385

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This book explores critical issues about how courts engage with questions of fact in public law adjudication.

Although the topic of judicial review - the mechanism through which individuals can challenge governmental action - continues to generate sustained interest amongst constitutional and administrative lawyers, there has been little attention given to questions of fact. This is so despite such determinations of fact often being hugely important to the outcomes and impacts of public law adjudication.

The book brings together scholars from across the common law world to identify and explore contested issues, common challenges, and gaps in understanding. The various chapters consider where facts arise in constitutional and administrative law proceedings, the role of the courts, and the types of evidence that might assist courts in determining legal issues that are underpinned by complex and contested social or policy questions. The book also considers whether the existing laws and practices surrounding evidence are sufficient, and how other disciplines might assist the courts.

The book reconnects the key practical issues surrounding evidence and facts with the lively academic debate on judicial review in the common law world; it therefore contributes to an emerging area of scholarly debate and also has practical implications for the conduct of litigation and government policy-making.

Introduction

Anne Carter (Deakin University, Australia) and Joe Tomlinson (University of York, UK)

Part One: Facts in Constitutional Adjudication

1. The Age of Facts in Public Law, Paul Daly (University of Ottawa, Canada)

2. Parliaments and Facts, Gabrielle Appleby (University of New South Wales, Australia) and Anne Carter (Deakin University, Australia)

3. One Important Role of Facts in Constitutional Adjudication, Patrick Emerton (Monash University, Australia) and Jayani Nadarajanlingam (Melbourne School of Government, Australia)

4. A Question of Fact of a Peculiar Kind: Foreign Law and Citizenship Deprivation, Rayner Thwaites (University of Sydney, Australia)

Part Two: Facts in Administrative Law

5. How Are Facts Legally Relevant in Judicial Review? (And Why Does it Matter?), Liz Fisher (University of Oxford, UK) and Joanna Bell (University of Oxford, UK)

6. Evidence, Facts and the Nature of Judicial Review, Jason Varuhas (University of Melbourne, Australia)

7. Legality in Administrative Fact-Finding: What Role for Ultra Vires?, Emily Hammond (University of Sydney, Australia)

8. Facts in Public Interest Litigation, Joe Tomlinson (University of York, UK)

9. Facts and the Legitimacy of Delegated Legislation, Daniel Stewart (Australian National University, Australia)

10. Canadian Perspectives, Audrey Macklin (University of Toronto, Canada)

11. South African Perspectives, Cora Hoexter (University of the Witwatersrand, South Africa)

12. New Zealand Perspectives, Hanna Wilberg (University of Auckland, New Zealand)

Part Three: Perspectives from Other Disciplines

13. Political Scientists in the Courtroom: Potential and Pitfalls, Zim Nwokora (Deakin University, Australia)

14. History and Historical Facts in Constitutional Law, Caitlin Goss (University of Queensland, Australia)

15. Secret Evidence and Defactualisation of Preventive Detention Cases, Shiri Krebs (University of Deakin, Australia)

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