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February
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February
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About Me
Judicial review is increasingly essential, judges warn government
the ACJ and strongly defend access to legal process fundamental to the rule of law
The two highest judges in the UK have warned the government to seek to limit the possibility of a judicial review, which allows applicants to challenge the decisions of public bodies which may misused or exceeded their powers.
last November, David Cameron gave a speech to the Confederation of British Industry in which he pledged to abolish unnecessary restrictions on business. He described judicial review as a "massive growth industry" that the government urgent "to get a grip on."
In a consultation paper, the government said it wanted to abolish oral requests authorization in cases where there had been some sort of prior judicial proceeding or when the judge decided reading a written request that the statement is totally unfounded.
According to the government's proposals, legal costs would increase from ? 275 to as much as 705 pounds, a three-month period was reduced to six weeks in the case planning and 30 days for challenges
In oral evidence to the House of Lords constitution committee on Wednesday, Lord Neuberger, president of the Supreme Court, said: "Any attack against judicial review, or any attempt to limit shall be the air very critical.
"Judicial review is increasingly necessary if we have a part of more and more powerful. D an irritant to the executive, but it is very important, fundamental control over the executive . and the fact that members of the executive know are subject to judicial review makes sure they do their job properly. "
CommentsNeuberger were approved by Lord Hope, deputy president of the court.
"It would be very unfortunate legislation to reduce the possibility of a judicial review," said Hope.
- I hope said the primary companion responsibility to solve the problems of judicial review rests with the judiciary. Efforts are being made to transfer to the specialized courts in matters of immigration and asylum, representing three quarters of the workload, he said. and Vice-President of the Court, who retires this summer, had a clear message to the government: "The legislative changes such as the reduction of the time limit, has all sorts of consequences, I think that would be better avoided if the judiciary may be authorized to make the changes that are being made right now. "
"If you have shorter durations, the risk is that when people start procedures would not have done if they had more time to think about them. Would more applications extension of time, and you maybe the brilliant idea to reduce the time it increases the number of disputes instead of decreasing.'m not saying I would, but I think we need to be careful. " Neuberger believes that Parliament has a role to play in limiting the need for judicial review.
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