Judicial review reform II: Ouster clauses and the rule of law

In my first post on the Report of the Independent Review of Administrative Law (IRAL) and the Government’s Response to it, I considered proposals concerning the status of unlawful administrative action and the limitation of the effect of remedies. I turn, in this second post in the series, to the matter of ouster clauses (on… Continue reading Judicial review reform II: Ouster clauses and the rule of law

Judicial review reform I: Nullity, remedies and constitutional gaslighting

This is the first in a series of four short posts reflecting on the Government’s response to the Independent Review of Administrative Law (IRAL). Although the Government set notably broad terms of reference for the Review (on which I commented here), the IRAL report itself is generally measured and eschews many of the far-reaching reform… Continue reading Judicial review reform I: Nullity, remedies and constitutional gaslighting

One step forward, two steps back? Judicial review and the Government’s amendments to the Internal Market Bill

In an earlier post and in evidence to the House of Lords Constitution Committee I have already drawn attention to concerns about the attempt in the United Kingdom Internal Market Bill to oust judicial review of regulations made under clauses 42 and 43 — the provisions that allow Ministers to breach the UK’s international obligations… Continue reading One step forward, two steps back? Judicial review and the Government’s amendments to the Internal Market Bill

The Judicial Review Review III: Limiting judicial review by ‘clarifying’ non-justiciability — or putting lipstick on the proverbial pig

Having considered, in my first two posts in this series, the general scope and underlying agenda of the Government’s Review of judicial review and the possibility of codifying the grounds of review, I turn now to the matter of justiciability. If the Review’s terms of reference are generally sparse, what they have to say about… Continue reading The Judicial Review Review III: Limiting judicial review by ‘clarifying’ non-justiciability — or putting lipstick on the proverbial pig

The Judicial Review Review II: Codifying Judicial Review — Clarification or Evisceration?

In my first post on the Review of judicial review, I noted, among other things, the potentially far-reaching nature of the recommendations that might emerge, bearing in mind the Review’s notably broad terms of reference. As I also noted in my first post, the underlying agenda is plainly the limitation of the courts’ powers and… Continue reading The Judicial Review Review II: Codifying Judicial Review — Clarification or Evisceration?

The Judicial Review Review I: The Reform Agenda and its Potential Scope

The UK Government has announced a review of judicial review — the Independent Review of Administrative Law — with notably broad terms of reference. This post is the first in a series that will consider some of the potential changes to judicial review that the Government appears to be contemplating. Subsequent posts, which will be… Continue reading The Judicial Review Review I: The Reform Agenda and its Potential Scope

Youssef: Another Supreme Court decision, another set of obiter dicta on substantive judicial review

Supreme Court judgments addressing—but not resolving—the future direction of substantive judicial review have been coming thick and fast in the last year or two. Notable examples include Kennedy v The Charity Commission [2014] UKSC 20 (on which I posted here), Pham v Secretary of State for the Home Department [2015] UKSC 19 (blog post) and… Continue reading Youssef: Another Supreme Court decision, another set of obiter dicta on substantive judicial review

From bad to worse: The Justice Secretary on judicial review

I have written on several previous occasions — most recently in this post — about the Government’s attempts to restrict access to judicial review through the Criminal Justice and Courts Bill and, in particular, about the attempts of the Justice Secretary, Chris Grayling MP, to justify the Government’s position. As part of ongoing legislative ping-pong… Continue reading From bad to worse: The Justice Secretary on judicial review

The Justice Secretary on Judicial Review: Five Basic Misconceptions

The House of Commons yesterday voted to reverse amendments made by the House of Lords to the Criminal Justice and Courts Bill. I have written about the Bill, and the House of Lords’ amendments, previously — most recently here — and will not go into detail about the substance of the Bill or the Lords’… Continue reading The Justice Secretary on Judicial Review: Five Basic Misconceptions