judicial review


Government’s ‘war’ on Judicial Review panned

2 February 2013 by

Waronwaron copyRemember Pearl Harbour? Not the 1941 attack which propelled the USA into World War II, but the awful 2001 film starring Ben Affleck. What really sticks in the mind wasn’t the film itself, but the critical reaction. It is hard to remember a more gleeful spectacle, captured here, than reviewers falling over themselves to see who could produce the most withering response.

No doubt inspired by the Prime Minister’s own World War II analogy (on reflection, something of a hostage to fortune), legal commentators and organisations have also been falling over themselves, if not gleefully, to express their collective displeasure and disbelief at the poor quality of the Government’s proposals to reform Judicial Review.

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Judicial Review reform and the mystery of the missing evidence

17 January 2013 by

war on JRThe Government’s consultation on Judicial Review ends on Thursday 24 January – please forward your response to the consultation by email  and I will include it in a roundup.

It is fashionable at the moment to speak about ‘evidence-based’ policy. The concept has been imported from the sciences by advocates such as Dr Ben Goldacre. In short, policies should be based on empirical evidence, statistics and perhaps even randomised trials. Very sensible. So sensible, you would hope that Government has been doing it anyway.

Which brings me to the planned reform of Judicial Review, the process by which legislative and executive decisions are reviewed by judges to make sure they are lawful. The Government’s ideas are fairly significant, although not quite as major as defeating Hitler, as the Prime Minister intimated they were when he announced them. I have already looked at the proposals in some detail – see also this excellent post. I wanted to concentrate here on the broader picture; the ‘mood music’, as it has been described by Mark Elliott.

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Why we allow dissent – by our judges

14 October 2012 by

Why do judges disagree and publish their disagreements when cases get decided? After all, the Cabinet does not do so (openly at least), and our FTSE-100 companies do not generally do so, when their executives propose a merger or launch a new product.  Surely, judicial dissent is a recipe for diminishing the authority of the majority answer, and an invitation to self-indulgence on the part of the minority to re-fight lost and irrelevant battles.

Lord Kerr has given a very persuasive answer to both concerns in the Birkenhead lecture on 8 October 2012. But it is worth thinking about the alternative way of doing things, before making up your mind on whether the current way is the best way.

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Lord Chief Justice: Government has too much power to pass new laws [updated]

15 July 2010 by

The Lord Chief Justice has lamented the ease with which new laws can be passed without proper scrutiny, comparing new powers to those which were imposed by England’s worst tyrant.

Lord Judge, who is the Lord Chief Justice and head of the judiciary, was speaking at the annual Lord Mayor’s dinner for the judiciary; his speech can be read here.

The thrust of the judge’s speech was his concern at the proliferation of what he called “Henry VIII” clauses, the proliferation of which had “astonished” him. Henry VIII’s 1539 Statute of Proclamations allowed the King’s proclamations to have the same force as Acts of Parliament. Lord Judge compared this to a series of recent Acts which have given the Government licence to enact law without the scrutiny of Parliament.

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“Nazi” jibe DJ loses freedom of expression claim [updated]

13 July 2010 by

Gaunt v OFCOM [2010] EWHC 1756 (QB) (13 July 2010) – Read judgment

The High Court has ruled that OFCOM did not breach a DJ’s freedom of expression rights by finding that he  contravened the Broadcasting Code after calling a guest a “Nazi” during an interview on talkSPORT. The decision by the regulator led to the DJ’s sacking.

Jon Gaunt applied for judicial review of the decision by OFCOM that he had breached rules 2.1 and 2.3 of the Broadcasting Code. Liberty supported his claim. He argued that OFCOM’s decision amounted to a disproportionate interference with his freedom of expression and an infringement of his rights under Article 10 of the European Convention on Human Rights.

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