Strike Cover, Consultation and Quashing: An Analysis of R. (Associated Society of Locomotive Engineers and Firemen) v Secretary of State
分析了英国高等法院因政府未履行法定咨询义务而撤销其关于允许罢工替代人员的法规的判决，重点讨论了法定咨询义务在法院推理中的核心作用及第三方利益的考量。
Abstract In June 2022, the UK Government enacted Regulations purporting to remove the offence of introducing or supplying workers to cover those on strike. In R. (Associated Society of Locomotive Engineers and Firemen) v Secretary of State the High Court held that the decision-making process preceding the enactment of the Regulations was unlawful and quashed them. This analysis outlines the case, with a particular focus on the central role played by the existence of a statutory duty to consult in the court's reasoning and the extent to which third party interests were considered in the course of determining the proper remedy.