The reforms to judicial review proceedings in Part 4 of the Criminal Justice & Courts Act 2015 have been closely analysed in a timely report by JUSTICE, the Public Law Project and the Bingham Centre for the Rule of Law.
In his foreword to the Report, Lord Woolf speaks of his “fears for damage to the rule of law” from the changes, and urges those interpreting Part 4 to interpret and apply the legislation in a way which avoids or least interferes with the rule of law.
Let’s start with the basics – the function of judicial review. As explained in the Introduction:
Judicial review is the mechanism which allows people to challenge unlawful actions by public authorities before an independent and impartial tribunal. In a country with no written constitution to regulate the relationship between the citizen and the State, this function takes on…
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