How to Reform Judicial Review
This paper is the text of Policy Exchange’s response to the Government’s Consultation on Judicial Review Reform. It builds on submissions made by Policy Exchange’s Judicial Power Project to the Independent Review on Administrative Law (one written by me, the other by Sir Stephen Laws), which were quoted in the Panel’s report and in the Government’s Response.
The Consultation responds to the Panel’s report, but proposes reforms that go further than the Panel’s recommendations. In section I below, I argue that there is nothing in the least improper about the Government adopting a more ambitious programme of reform than the Panel was able to agree. On the contrary, it would be an abdication of constitutional responsibility for the Government to take itself to be disabled from acting otherwise.