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Tuesday, 22 January 2013

Judicial Review: Proposals for ReformThe Faculty’s Centre for Public Law has submitted a paper to the Ministry of Justice, in response to its recent consultation paper, Judicial Review: Proposals for Reform. The Consultation Paper makes several unsubstantiated criticisms of judicial review, arguing that it can act as an obstacle to efficient decision-making and economic growth, while ignoring evidence indicating the complementarity of judicial review and good governance.

In its response, the Centre notes that judicial review fulfils a series of crucial and interlocking constitutional functions, and that any proposals to inhibit access to the courts' judicial review jurisdiction deserve close and critical scrutiny. The Centre concludes that the proposals, if implemented, would weaken the capacity of the courts to hold Government to account and enforce the rule of law, as well as the capacity of individuals to seek redress for abuses of power. The Centre for Public Law concludes that the proposals in the Consultation Paper, which would add to the already considerable restrictions upon judicial review, should not be adopted.

The Centre for Public Law's paper can be found on the Faculty website, and has been published on SSRN.