Response to Ministry of Justice Consultation Paper CM 8703 -- Judicial Review: Proposals for Further Reform

11 Pages Posted: 2 Nov 2013

See all articles by Mark Elliott

Mark Elliott

University of Cambridge - Faculty of Law

Date Written: November 1, 2013

Abstract

The UK Ministry of Justice published a consultation paper in September 2013 proposing significant changes to arrangements for judicial review of government action. In this paper, the Bingham Centre for the Rule of Law responds to the consultation. It addresses three key issues raised by the consultation. First, the paper argues that proposals to narrow the test for standing are problematic and misconceive the constitutional purpose of judicial review. Second, the paper criticises the proposal to limit judicial review of procedural defects that "made no difference" to the outcome, arguing that such defects are practically hard to identify and that, in any event, procedural fairness is valuable in itself, not just instrumentally. Third, the paper argues that proposals to "rebalance financial burdens" would risk creating a justice gap by pricing some prospective litigants out of judicial review.

Suggested Citation

Elliott, Mark C., Response to Ministry of Justice Consultation Paper CM 8703 -- Judicial Review: Proposals for Further Reform (November 1, 2013). Available at SSRN: https://ssrn.com/abstract=2348725 or http://dx.doi.org/10.2139/ssrn.2348725

Mark C. Elliott (Contact Author)

University of Cambridge - Faculty of Law ( email )

10 West Road
Cambridge, CB3 9DZ
United Kingdom

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