header-logo header-logo

Judicial review under threat?

02 August 2020
Issue: 7898 / Categories: Legal News , Constitutional law
printer mail-detail
Lawyers have questioned the impartiality of the peer selected to lead an independent panel into judicial review
The Ministry of Justice (MoJ) appointed former Conservative justice minister Lord Edward Faulks QC, now a cross-bench peer, last week to chair the panel of six.

The panel’s terms of reference are to consider whether the terms of judicial review should be codified in statute, whether certain executive decisions should be decided by judges (the principle of non-justiciability), which grounds and remedies should be available, and whether procedural reforms are needed, for example, on timings and the appeal process.

Lord Faulks was previously minister of state for civil justice in David Cameron’s government between 2013-2016. Concerns about his appointment were raised immediately. Among several critical tweets by concerned lawyers, the Secret Barrister pointed out that Lord Faulks was ‘the right-hand minister to [former Lord Chancellor] Chris Grayling at the MoJ [when] Grayling was attempting to restrict judicial review’.

Former Labour Lord Chancellor Charles Falconer wrote: ‘chaired by lawyer who wrote after prorogation case courts’ JR powers should be curbed… Once it’s rubber stamped curbing courts’ powers another check and balance lost.’

On 7 February, Lord Faulks wrote in an article on Conservative Home that the unanimous Supreme Court ruling that prorogation was unlawful ‘constitutes a significant, unjustified constitutional shift’. He wrote: ‘The result of the ruling is that principled limits on the justiciability of the prerogative power to prorogue, including limits firmly imposed by Art 9 of the Bill of Rights 1689, have been set aside.’

The other panel members are Carol Harlow QC, professor of law at LSE; Alan Page, professor of law at Dundee University; Nick McBride, fellow of Pembroke College, Cambridge; planning and environmental barrister Celina Colquhoun, 39 Essex Chambers; and Vikram Sachdeva QC, 39 Essex Chambers, chair of the Constitutional and Administrative Law Bar Association.

Bar Council chair Amanda Pinto QC, said: ‘We should regard [judicial review] as a prized possession because it enables citizens to hold the state to account effectively and to ensure that it uses fair procedures every day.

‘Without it, the rule of law and separation of powers will be undermined and, without them, we may as well wave goodbye to a functioning democracy. We take pride in our system of judicial review and caution against any unnecessary barrier to the public’s right to challenge their government, so will be very interested to see the results of this independent review.’

Issue: 7898 / Categories: Legal News , Constitutional law
printer mail-details

MOVERS & SHAKERS

CBI South-East Council—Mike Wilson

CBI South-East Council—Mike Wilson

Blake Morgan managing partner appointed chair of CBI South-East Council

Birketts—Phillippa O’Neill

Birketts—Phillippa O’Neill

Commercial dispute resolution team welcomes partner in Cambridge

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

NEWS
The proposed £11bn redress scheme following the Supreme Court’s motor finance rulings is analysed in this week’s NLJ by Fred Philpott of Gough Square Chambers
In this week's issue, Stephen Gold, NLJ columnist and former district judge, surveys another eclectic fortnight in procedure. With humour and humanity, he reminds readers that beneath the procedural dust, the law still changes lives
Generative AI isn’t the villain of the courtroom—it’s the misunderstanding of it that’s dangerous, argues Dr Alan Ma of Birmingham City University and the Birmingham Law Society in this week's NLJ
James Naylor of Naylor Solicitors dissects the government’s plan to outlaw upward-only rent review (UORR) clauses in new commercial leases under Schedule 31 of the English Devolution and Community Empowerment Bill, in this week's NLJ. The reform, he explains, marks a seismic shift in landlord-tenant power dynamics: rents will no longer rise inexorably, and tenants gain statutory caps and procedural rights
Writing in NLJ this week, James Harrison and Jenna Coad of Penningtons Manches Cooper chart the Privy Council’s demolition of the long-standing ‘shareholder rule’ in Jardine Strategic v Oasis Investments
back-to-top-scroll