Striking a balance or tipping the scales? The Independent Review of Administrative Law and the possible reform of Judicial Review
The background context to the IRAL is the Conservative Party’s manifesto promise of 2019 to ‘update’ administrative and to ‘ensure that judicial review is available to protect the rights of the individuals against an overbearing state, while ensuring that it is not abused to conduct politics by another means or to create needless delays’.
The Call for Evidence asked for contributions regarding how well the current law and procedure of judicial review is currently working, bearing in mind both the democratic importance of citizens being able to challenge executive action, and the executive’s ability to carry out effective government.
In our Public Law team’s response, we submitted that there was no real tension between these two aims. We also submitted that the current law and procedure of judicial review on the whole operates effectively. We submitted that incremental reform could be made mostly to the procedure of judicial review, that could assist both claimants and defendants.
Our team’s response can be read in full here.
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