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Oxford Journal of Legal Studies, Volume 21, Issue 2, pp. 193-217: Abstract.

Judicial Review in Public Law and in Contract Law: The Example of `Student Rules'

Simon Whittaker

St John's College Oxford

In an earlier article, it was established that the rules which govern the relations between universities and their students may find their legal source in prescription, royal charter, parliamentary legislation or contract. This article compares judicial review of student rules according to these different sources, whether this review forms part of public law (the review of byelaws, delegated legislation or the expression of other statutory rule-making powers) or of contract law (as a matter of the fairness of the rules as terms of the student contract or by the inherent qualification of any contractual rule-making power in a university by reference to reasonableness). Both similarities and differences in these different types of review are identified and their implication in the student context assessed (notably, as to the exclusivity of the visitorial jurisdiction in the case of chartered universities). Finally, it is argued that the compatibility of student rules with students' human rights may be relevant to review in contract law as well as in public law as a result of the very inclusive nature of the grounds of this review.