The panel recommended that public bodies should be encouraged to raise standing issues more often in litigation and that courts should proactively police the issue whether or not it is raised by the parties themselves p.
Notably, the panel concluded that the best solution to any potential judicial overreach was judicial restraint and not legislative action p. Politicians should, in turn, afford the judiciary the respect which it is undoubtedly due when it exercises these powers p. The consultation focuses on: whether there should be statutory clarification of the effect of ouster clauses; whether the suspension of quashing orders should be mandatory or discretionary; whether remedies should be prospective-only, particularly in relation to statutory instruments; the circumstances where an unlawful decision can be regarded as a nullity; and further procedural reforms.
I make no comments about it at this stage other than to say that self-evidently public and administrative lawyers will wish to submit reliable evidence and experiences to the consultation and keep a close eye on its eventual findings, particularly any that go far beyond any problems identified by the panel. You are commenting using your WordPress.
You are commenting using your Google account. You are commenting using your Twitter account. You are commenting using your Facebook account. Notify me of new comments via email. Notify me of new posts via email. Skip to content. Home About Twitter Subscribe Submissions. Legislative proposals Only two recommendations involve express legislative change. Further consultations and expert examination The panel did not believe that it would be wise for Parliament to reform the grounds of judicial review p.
Pleas for mutual respect and trust One of the most interesting aspects of the report are where the panel simply issues a plea to courts or public bodies to change their attitudes or conduct, or to bear particular constitutional issues in mind. Corporate Advisory: Singapore. Corporate Lending: Singapore. Dispute Resolution: Singapore.
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London Our location in Holborn. Singapore Our Singapore office. Key contacts. Search Mishcon de Reya. Share this page Print this page. Share this page. Background On 31 July , the Government announced the launch of the independent review the Review to examine trends in judicial review and to consider appropriate reforms.
Indeed, the Panel agreed with Sir Steven Sedley's observation that: " The Panel may find itself urged to treat one or more recent cases as evidence of a need for systemic reform. Findings in the Report It is clear from the Report that this Firm's response was not alone in raising concerns that potential reforms could significantly undermine the fundamental constitutional law principle of the rule of law. News Constitutional shifts, public scrutiny and "unrestrained power" — reflecting on the Expansion of Executive Power event.
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Search Mishcon de Reya Search the Site. To help us improve GOV. It will take only 2 minutes to fill in. Cookies on GOV. UK We use some essential cookies to make this website work. Accept additional cookies Reject additional cookies View cookies. The reasoning strikes a remarkably modern chord. It is therefore especially important to ensure that reform, whatsoever form it takes, is shaped by an understanding of the values that underpin judicial review.
The preceding analysis is not premised on the assumption that the courts are the only mechanism for achieving these values. It is premised on the assumption that any change is conducted mindful of the values that underpin this area of judicial review. To return to the specific inquires in consultation mark II: it is long, and the time to respond is correspondingly short. There are nineteen specific questions posed, and the time limit is 29 th April There is perforce no reason why a person or group should respond to all facets of this consultation exercise.
The range of questions is, however, broad. Some are relatively specific, such as the inquiries concerning the modality for bringing about change in the Cart JR orders, and suspended quashing orders. Other questions raise difficult issues of principle, such as those concerning statutory instruments and ouster clauses. There is little over a month to respond to consultation mark II, and that is very short indeed.
The government should consider revising this deadline. The fabric of judicial review has existed for over hundred years. There is no reason for modification thereto to be subject to such tight time constraints.
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