Dr Elizabeth O'Loughlin's Outputs (24)

Transparency and Judicial Review: An Empirical Study of the Duty of Candour (2024)
Report
O'Loughlin, E. (2024). Transparency and Judicial Review: An Empirical Study of the Duty of Candour. Online: Nuffield Foundation

In England and Wales, all parties to judicial review proceedings are under a general duty of candour, requiring them to provide a full and accurate account of all the facts and information relevant to the issue under review. However, the duty is unde... Read More about Transparency and Judicial Review: An Empirical Study of the Duty of Candour.

Recent Judicial Perspectives on the Duty of Candour (2023)
Journal Article
Somers-Joce, C., & O’Loughlin, E. A. (2023). Recent Judicial Perspectives on the Duty of Candour. Judicial Review, 28(3), 155-163. https://doi.org/10.1080/10854681.2023.2267400

Fordham’s Ten Principles of the Duty of Candour in Judicial Review (2023)
Digital Artefact
O'Loughlin, E., Somers-Joce, C., & Tan, G. (2023). Fordham’s Ten Principles of the Duty of Candour in Judicial Review. [https://essexcaji.org/2023/08/16/fordhams-ten-principles-of-the-duty-of-candour-in-judicial-review/]. Essex Constitutional and Administrative Justice Initiative

Diverse Voices in Public Law (2023)
Book
Wheatle, S., & O'Loughlin, E. (Eds.). (in press). Diverse Voices in Public Law. Bristol University Press

The Duty of Candour in Judicial Review: The Case of the Lost Policy (2022)
Digital Artefact
O'Loughlin, E., Tan, G., & Somers-Joce, C. (in press). The Duty of Candour in Judicial Review: The Case of the Lost Policy. [[Media unknown]]

Submission to the Ministry of Justice consultation on Human Rights Act Reform: A Modern Bill Of Rights (2022)
Report
Modern Bill Of Rights. [No known commissioning body]

Evidence to the Independent Human Rights Act Review, Human Rights Centre, Durham Law School (2021)
Report
Douglas, B., Fenwick, H., Frantziou, E., Kagiaros, D., O'Loughlin, E., Masterman, R., & Pillay, A. (2021). Evidence to the Independent Human Rights Act Review, Human Rights Centre, Durham Law School. [No known commissioning body]

Kenya: constitutional amendments as a device for political ceasefire (2021)
Journal Article
O'Loughlin, E., & Khobe, W. (2021). Kenya: constitutional amendments as a device for political ceasefire. Public Law, 2021(1), 198-201

Judicial Review and Ombuds: A Systematic Analysis (2020)
Journal Article
Kirkham, R., & O'Loughlin, E. (online). Judicial Review and Ombuds: A Systematic Analysis. Public Law, 680-700

Presents a study of the courts' approach to reviewing the decisions of ombudsmen. Examines key features of the parties' relationship, the applicable principles of administrative law, the methodology of the survey, and its main findings on issues such... Read More about Judicial Review and Ombuds: A Systematic Analysis.

Whose Global law? Comparative, Regional and Cyber Approaches to Law-Making (2019)
Report
Fahey, E., Odermatt, J., & O'Loughlin, E. (2019). Whose Global law? Comparative, Regional and Cyber Approaches to Law-Making. [No known commissioning body]

A Content Analysis of Judicial Decision-Making (2019)
Book Chapter
Kirkham, R., & O'Loughlin, E. (2019). A Content Analysis of Judicial Decision-Making. In N. Creutzfeldt, M. Mason, & K. McConnachie (Eds.), Routledge handbook of socio-legal theory and methods (339-341). Routledge. https://doi.org/10.4324/9780429952814-24

This chapter provides an introduction to, and argument for, using systematic content analysis studies in order to assess methods of judicial decision-making. The first section of this chapter outlines how content analysis studies have been used to da... Read More about A Content Analysis of Judicial Decision-Making.

What Do Judges Actually Do in Judicial Review? An Argument for Systematic Studies (2018)
Digital Artefact
Kirkham, R., & O'Loughlin, E. (in press). What Do Judges Actually Do in Judicial Review? An Argument for Systematic Studies. [Blog]

Legal pluralism? Indigenous rights as legal constructs (2018)
Journal Article
Thornhill, C., Calabria, C., Cespedes, R., Dagbanja, D., & O'Loughlin, E. (2018). Legal pluralism? Indigenous rights as legal constructs. University of Toronto Law Journal, 68(3), 440-493. https://doi.org/10.3138/utlj.2017-0062

Decolonising Jurisprudence: Public Interest Standing in New Constitutional Orders (2018)
Book Chapter
O'Loughlin, E. (2018). Decolonising Jurisprudence: Public Interest Standing in New Constitutional Orders. In M. Elliot, J. Varuhas, & S. Wilson Stark (Eds.), The unity of public law? doctrinal, theoretical and comparative perspectives (351-372). Hart Publishing. https://doi.org/10.5040/9781509915217.ch-017

Kenya’s Constitution in a global context (2017)
Journal Article
O'Loughlin, E. (2017). Kenya’s Constitution in a global context. International Journal of Constitutional Law, 15(3), 839–848. https://doi.org/10.1093/icon/mox062

Stretching the Constitution: The Brexit Shock in Historic Perspective
Journal Article
O'Loughlin, E. Stretching the Constitution: The Brexit Shock in Historic Perspective. Public Law,

Government’s Duty of Candour: On the Move?
Journal Article
O'Loughlin, E. (online). Government’s Duty of Candour: On the Move?. Public Law, 567-586

The duty of candour is triggered if a person seeks judicial review of an administrative action or decision. It requires that both parties provide a full and accurate explanation of all the facts relevant to the review before a court or tribunal. Ther... Read More about Government’s Duty of Candour: On the Move?.

Constitutional Adjudication of Land Injustices in Kenya: at the Frontiers of Public Law
Presentation / Conference Contribution
O'Loughlin, E. (2018, December). Constitutional Adjudication of Land Injustices in Kenya: at the Frontiers of Public Law. Paper presented at Melbourne Public Law Conference, Melbourne Law School

Examples of Bespoke Ombudstyle Jurisprudence
Presentation / Conference Contribution
O'Loughlin, E., & Kirkham, R. (2020, December). Examples of Bespoke Ombudstyle Jurisprudence. Paper presented at Administrative Law Scholarship and Doctrinal Realities: Are Our Intellectual Frameworks Fit for Purpose?, Faculty of Law, Oxford

Content Analyses of Judicial Decision-Making
Presentation / Conference Contribution
O'Loughlin, E. (2021, December). Content Analyses of Judicial Decision-Making. Paper presented at panel on Theory and Methods in Legal Research, Society of Legal Scholars Conference, Durham Law School

The Duty of Candour: Inside the Black Box
Presentation / Conference Contribution
O'Loughlin, E. (2022, December). The Duty of Candour: Inside the Black Box. Paper presented at Public Law Project Judicial Review Forecasts and Trends Conference 2022, London

The Emancipatory Potential of International Law in Domestic Courts: A Case Study of Kenya
Presentation / Conference Contribution
O'Loughlin, E. (2019, December). The Emancipatory Potential of International Law in Domestic Courts: A Case Study of Kenya. Paper presented at Socio-Legal Studies Association Conference 2019, Leeds

Reforms to section 3 of the Human Rights Act
Presentation / Conference Contribution
O'Loughlin, E. (2022, December). Reforms to section 3 of the Human Rights Act. Paper presented at Reforming the Human Rights Act 1998 (Durham Human Rights and Public Law Centre), Online

Inclusive Constitution, Administrative Inertia, Mediating Judiciary? Law and Politics on the Land Rights of the Ogiek Community of Kenya
Presentation / Conference Contribution
O'Loughlin, E. (2019, December). Inclusive Constitution, Administrative Inertia, Mediating Judiciary? Law and Politics on the Land Rights of the Ogiek Community of Kenya. Paper presented at Symposium on New Regimes of Recognition and Distribution? Identity Politics in post-2010 Kenya, British Institute of Eastern Africa, Nairobi