How to Address the Breakdown of Trust Between Government and Courts
The Independent Review of Administrative Law has been established because of a breakdown of trust between the political institutions of the constitution, namely Parliament and Her Majesty’s Government, on the hand, and the judiciary on the other. This is a serious situation that must be addressed. What is needed is better mutual understanding and clarity, and practical measures that provide reassurance and restore confidence. This paper, the lightly edited text of a submission to the Review, sets out principles that should be upheld and measures that should be adopted. The submission, made on behalf of Policy Exchange’s Judicial Power Project, complements the related submission made by Professor Richard Ekins.