Friends of the Earth: At the Intersection of Environmental and Administrative Law?

Abstract

The judgment in R (Friends of the Earth Ltd) v Heathrow Airport Ltd,1 adds to the important picture of the relationship between administrative law doctrine in general, and the application of power under specific statutory regimes. This analysis will draw out three main elements of this picture: first, the understanding of the place of policy in a legal framework; secondly, the use of administrative law principles to determine matters of statutory interpretation, and thirdly resolving cases through the use of administrative law doctrines. Ultimately, the decision of the Supreme Court in this case suggests that ‘administrative law’ still has an important place to play, independent from constitutional principle and the specific legislative regime at play. There is a range of views as to the utility, significance or coherence of an independent doctrine of administrative law. Sir Clive Lewis refers to ‘a body of...