header-logo header-logo

03 December 2021 / Matthew Smith
Issue: 7959 / Categories: Opinion , Judicial review , Rule of law
printer mail-detail

Judicial review: a process under pressure

66006
Matthew Smith gets under the skin of the government’s concerns about judicial overreach

Judicial review has found itself in the government’s crosshairs on several occasions in the last decade or so. Ministers asserted again and again during that period that immigration judicial review took up too much time and resource; that unmeritorious judicial review cases of all types clogged up the system and led to delay; and that too much judicial review was brought to prolong unsuccessful political campaigns, with the attendant risk that the judiciary would stray into matters not properly for them.

The most recent road to reform began with the launch—in July 2020—of the Independent Review of Administrative Law, referred to universally now as IRAL. Despite its name, the focus was on judicial review, rather than the wider field of administrative law; but even so, there was, initially at least, considerable concern among legal practitioners that it would generate far-reaching proposals and threaten the pivotal role played by judicial review in upholding the rule of law.

This

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Browne Jacobson—Caroline Barker & Tom Walker

Browne Jacobson—Caroline Barker & Tom Walker

Browne Jacobson recruits regulatory experts Caroline Barker and Tom Walker to bolster health, government and corporates practices

Jackson Lees Group—Paul Harrison, Helen Innes & Sorcha McMullan

Jackson Lees Group—Paul Harrison, Helen Innes & Sorcha McMullan

Partner and paralegals bolster clinical negligence team at Jackson Lees Group

Stone King—Manchester

Stone King—Manchester

Stone King triples Manchester footprint with office move as law firm’s rapid growth journey continues

NEWS
Lawyers have welcomed the Lord Chancellor’s reverse-ferret on jury reforms, but expressed ‘serious concerns’ about the decision to exclude fraud trials
From ‘rats in the robing room’ to ‘overworked’ judges and a shortage of court staff, barristers have aired their concerns about the state of the justice system
The use of agentic artificial intelligence (AI) poses ‘significant risks’ across the justice system, public services and government, and current regulation is ‘poorly suited’ to control it, experts have warned
The solicitors’ regulator has paused controversial plans to exclude owner-managers from compliance officer roles
The government has launched a £16m legal support grant to support 48 frontline legal advice organisations supporting people facing eviction, problem debt, benefit disputes and family breakdown
back-to-top-scroll