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Draft programme for Public Law Conference to be held at Faculty of Law, University of Cambridge, 15-17 September 2014
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Draft programme, August 2014. Subject to change at discretion of convenors
1
Monday 15 September
4.00 p.m. -‐ 5.30 p.m. Registration and Tea and Coffee • Foyer and Lower Ground Floor Atrium
5.30 p.m. -‐ 7.00 p.m. Opening Plenary • LG18
Professor David Feldman (Cambridge) in conversation with Lord Justice Laws (England and Wales Court of Appeal).
7.00 p.m. -‐ 9.00 p.m. Buffet dinner • Lower Ground Floor Atrium
Tuesday 16 September
9.00 a.m. -‐ 9.10 a.m. Welcome • LG18
Professor John Bell (Director, Cambridge Centre for Public Law)
9.10 a.m. -‐ 10.00 a.m. Keynote Address • LG18
Chair: Professor John Bell (Director, Cambridge Centre for Public Law)
Speaker: Professor Jerry Mashaw (Yale), Public Reason as Process and Substance
10.00 a.m. -‐ 10.15 a.m. Tea and Coffee • Lower Ground Floor Atrium
Draft programme, August 2014. Subject to change at discretion of convenors
2
10.15 a.m. -‐ 11.45 a.m. Parallel Sessions
Public law: Competing Conceptions (Room allocations TBC)
Process and Substance in Judicial Review: Part 1
Processes of Deliberation and Popular Engagement
Chair: Professor TRS Allan (Cambridge) Professor Mark Walters (Queen’s), Public Law and Ordinary Legal Method Dr Jason Varuhas (Cambridge/UNSW), The Public Interest Conception of Public Law: its Procedural Origins and Substantive Implications Dr Paul Daly (Montreal), Administrative Law: A Values-‐Based Approach?
Chair: Professor Philip Joseph (Canterbury NZ) Mr Justin Gleeson SC (Solicitor-‐General of the Commonwealth of Australia), (Un)reasonableness and (Dis)proportionality Dr Rayner Thwaites (Sydney),The Separation of Powers, Rights and Procedural Change: Judicial Responses to Secret Evidence in the United Kingdom and Australia Mr Leighton McDonald (ANU), Inadequacy of Justification as a Basis for Judicial Review in Australia: Process and Substance?
Chair: Professor George Williams (UNSW) Dr Paul Kildea (UNSW), Popular Participation in Constitutional Reform Process: Reflections on the Recent Experience of Australia, the United Kingdom and Ireland Professor Stephen Tierney (Edinburgh), Direct Democracy in the Process of Constitutional Change: Constructing a Deliberative Referendum? Dr Ron Levy (ANU), Deliberative Democracy and Political Law: The Coercion Problem
11.45 a.m. -‐ 1.00 p.m. Plenary Session • LG18
Chair: Professor David Feldman (Cambridge)
Speakers:
Professor Mark Aronson (UNSW), From Process to Quality in Judicial Review
Professor David Dyzenhaus (Toronto), Towards a Formal Theory of Public Law
1.00 p.m. -‐ 2.00 p.m. Lunch • Lower Ground Floor Atrium
Draft programme, August 2014. Subject to change at discretion of convenors
3
2.00 p.m. -‐ 3.30 p.m. Parallel Sessions
Contemporary Issues of Process and Substance in the British Constitution
Legitimate Expectations in Comparative Perspective
Process and Substance in Administrative Behaviour
Chair: Professor Cheryl Saunders (Melbourne) Professor Tony Prosser (Bristol), The Economic Constitution Lord Norton of Louth (Hull, House of Lords), The constitutional implications of the Fixed-‐term Parliaments Act 2011 Professor Gavin Phillipson (Durham), Constitutional Conventions: Questions of Process and Legitimacy
Chair: Professor Richard Rawlings (UCL) Professor Cora Hoexter (Witwatersrand), The Enforcement of Official Promises in South African Law Dr Rebecca Williams (Oxford), The Multiple Doctrines of Legitimate Expectations Dr Greg Weeks (UNSW) and Dr Matthew Groves (Monash), The Legitimacy of Expectations About Fairness
Chair: Professor Carol Harlow (LSE) Justice Melissa Perry (Federal Court of Australia), iDecide: the Legal Implications of Automated Decision-‐making in the Digital Era Dr Elizabeth Fisher (Oxford) and Professor Sidney Shapiro (Wake Forest), Taking Both Public Administration and Doctrine Seriously in Administrative Law Ms Vanessa Macdonnell (Ottawa), Impact Assessments and Constitutional Rights
3.30 p.m. -‐ 3.45 p.m. Tea and Coffee • Lower Ground Floor Atrium
3.45 p.m. -‐ 5.15 p.m. Parallel Sessions
Process and Substance in Judicial Review: Part 2
Processes of Constitution-‐Making and Constitutional Change
Process and Substance in the Control of Executive Legislative Power
Chair: Professor Mark Aronson (UNSW) Justice Alan Robertson (Federal Court of Australia), Is Judicial Review Qualitative? Dr Philip Murray (Cambridge), Process, Substance, and the History of Error of Law Review Professor TT Arvind (Newcastle) and Dr Lindsay Stirton (Sheffield), Strangled at Birth? The curious origins of Judicial Review
Chair: Professor Janet McLean (Auckland) Professor Cheryl Saunders (Melbourne), Constitution-‐making Processes: Practice and Theory in Flux Dr Clodagh Harris (UCC) and Professor Conor Gearty (LSE), Crowd-‐Sourcing a New UK Constitution Professor Ian Cram (Leeds), Amending the Constitution
Chair: Professor Robert Thomas (Manchester) Dr Gabrielle Appleby and Dr Joanna Howe (Adelaide), Scrutinising Parliament’s Scrutiny of Delegated Legislative Power Mr Shubhankar Dam (Singapore Management University), The Form and Substance of India’s Alternative Paliament Dr Andrew Edgar (Sydney), Judicial Review of Delegated Legislation
Draft programme, August 2014. Subject to change at discretion of convenors
4
6.30 p.m. -‐ 7.30 p.m. Drinks • Lower Ground Floor Atrium
7.45 p.m. Conference Dinner • Selwyn College
Wednesday 17 September
9.00 a.m. -‐ 10.30 a.m. Plenary Session • LG18
Chair: Professor Robert Thomas (Manchester)
Speakers:
Professor Carol Harlow (LSE) and Professor Richard Rawlings (UCL), Executive Reaction to Judicial Review: Striking Back!
Professor Maurice Sunkin (Essex), The Impacts of Judicial Review and Effective Redress
10.30 a.m. -‐ 10.45 a.m. Tea and Coffee • Lower Ground Floor Atrium
10.45 a.m. -‐ 12.15 p.m. Parallel Sessions
Process and Substance in Administrative Rule-‐Making
Process and Substance in Public Law Adjudication
Process, Substance, and the Judiciary
Chair: Professor Tony Prosser (Bristol) Professor Peter Cane (ANU), Control of Administrative Rule-‐Making in the US and England Professor Kevin Stack (Vanderbilt), The Paradox of Process in Administrative Rulemaking
Chair: Professor Cora Hoexter (Wits) Dr Anashri Pillay (Durham), Process and Substance in Economic and Social Rights Adjudication Dr Tom Hickman (Barrister, Blackstone Chambers), Process and Substance in Human Rights Adjudication Professor Mary Liston (British Columbia), Transubstantiation in Canadian Public Law: Processing Substance and Instantiating Process
Chair: Professor Brice Dickson (Queen's Belfast) Professor Alan Paterson (Strathclyde), Vote-‐changing in the UK’s Top Court Professor Christopher Forsyth (Cambridge), Doctrine, Conceptual Reasoning and Certainty in the Judicial Process Ms Alysia Blackham (PhD Candidate, Cambridge) and Professor George Williams (UNSW), Process and Substance in Court Communication
12.15 p.m. -‐ 1.15 p.m. Lunch • Lower Ground Floor Atrium
Draft programme, August 2014. Subject to change at discretion of convenors
5
1.15. p.m. -‐ 3.00 p.m. Parallel Sessions
Process and Substance in Constitutional Design and Review
The Crown and Prerogative Power
Public Law Procedure and Substantive Values
Chair: Dr Mark Elliott (Cambridge) Professor Kent Roach (Toronto), Remedies for Laws that Violate Human Rights Dr Eoin Carolan (University College Dublin), A Model of Collaborative Constitutionalism: Bringing Substance Back to Institutional Separation Dr Aileen Kavanagh (Oxford), Substance and Legislative Process in Human Rights Adjudication Dr Adam Tucker (York), Substance, Process and Jackson v Attorney General
Chair: Professor Maurice Sunkin (Essex) Professor Janet McLean (Auckland), Crown, Empire and Redress for the Historical Wrongs of Colonization in New Zealand Professor Anne Twomey (Sydney), Legal Advice on the Exercise of Reserve Powers
Chair: Dr Jason Varuhas (Cambridge/UNSW) Professor Peta Spender (ANU), A Different Justice? The Role of Procedure in Public Law Adjudication Ms Sarah Nason (Bangor), Judicial Review as Proportionate Justice Dr Joseph McIntyre and Dr Lorne Neudorf (Thompson Rivers), Judicial Review: Avoiding Substantive Outcomes through Procedural Reform?
3.00 p.m. -‐ 3.15 p.m. Tea and Coffee • Lower Ground Floor Atrium
3.15 p.m. -‐ 4.45 p.m. Closing Plenary: Themes and Reflections • LG18
Chair: Professor John Bell (Director, Cambridge Centre for Public Law)
Speakers:
Professor David Dyzenhaus (Toronto)
Professor David Feldman (Cambridge)
Professor Carol Harlow (LSE)
Professor Cheryl Saunders (Melbourne)