The Constitution Society’s latest paper, Judicial Review and the Rule of Law: Who is in control? is now available online.
Judicial review faces an uncertain future. The government’s proposed reforms in this area – not least, restricting who may bring a claim – are attracting controversy.
This report takes a step back from the heat of that debate to illuminate the broader picture from a constitutional perspective. What are the constitutional implications of attempts by the executive to limit the ability of individuals or organisations to challenge its decisions – and the power of the courts to rule on the lawfulness of its actions?
What is the impact on the rule of law and the relationship between institutions of state? What are the potential consequences of altering the constitutional balance between our judges and Parliament? And why is this issue so important to the government, to Parliament and to lawyers?