Blog Archive

About Me

Friday, February 15, 2013

postheadericon 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. "

Comments

Neuberger 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.

Neuberger shared the concerns of his deputy. "With regard to the time control are concerned, we are faced with unintended consequences," he said.

"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.
Find best price for : --judicial----Neuberger----Hope----David--

0 comments: