The Case for Reforming Judicial Review
This paper is the text of a submission made on behalf of Policy Exchange’s Judicial Power Project to the Independent Review of Administrative Law. It complements the related submission made by Sir Stephen Laws. Since its foundation, a little over five years ago, Policy Exchange’s Judicial Power Project has argued that the inflation of judicial power unsettles the balance of our constitution and threatens to compromise parliamentary democracy, the rule of law, and effective government. While the inflation has in part been a function of human rights law and European integration, the Project has consistently argued that it also arises in the context of “ordinary” judicial review and statutory interpretation – a number of high-profile cases decided between 2015 and 2020 confirm the point.