Bingham Centre response to latest judicial review proposals

Posted: November 3, 2013 by rainbowwarriorlizzie in Uncategorized

Public Law for Everyone

The Bingham Centre for the Rule of Law has submitted a response to the Ministry of Justice’s latest proposals (a summary of which I posted here) concerning judicial review. Those proposals are the sequel to an earlier consultation, published in late 2012, to which the Bingham Centre also responded. In its response (of which I am a co-author) to the most recent proposals, the Bingham Centre addresses three key issues raised by the consultation.

First, we argue that the proposal to narrow the test for standing, so as to reduce or eliminate the scope for public-interest challenges by unaffected claimants, is misconceived. In particular, we argue in the paper that the supposition underlying the proposal – that judicial review’s sole or principal purpose is to protect individuals’ rights and interests – fundamentally misunderstands the constitutional role of judicial review. We point out that:

The legal standards upheld via…

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