Governments tend not to welcome criticism.
They are, in my experience, usually determined to press on
with their plans, whatever the intelligent arguments against, and are
particularly cross when those plans are thwarted.
It comes as no surprise therefore that the Lord Chancellor,
Mr Grayling, should be seeking to undermine the whole system of Judicial Review
(“JR”).
JR is the process by which we can challenge the State and
its Officers and Institutions. It is an essential feature of the rule of law in
this country. It prevents (or, at least, limits) the abuse of power by
public servants and it seeks to ensure the application of the rules of natural
justice when we are dealing with those who govern us.
Of course, JR is open to abuse. Some individuals and
organisations will use it to frustrate the most well intentioned of
administrations.
The reality in practice is that JR is not a remedy handed
out willy-nilly by a Judiciary anxious to thwart political progress.
Most JR applications never get past the first hurdle.
Mr Grayling says that it would be a whole lot easier and
cheaper for the State to do whatever it likes if JR were subject to additional
limitations.
No surprise there, then.
What is surprising are the lengths to which he (ironically
as Lord Chancellor) appears to have been willing to go to get his way.
You can read here about how he misled Parliament in relation
to the Bill in question:
It seems to be that he was particularly lucky that this news
blew up on the day that the CIA Torture Report hit the press.
Not only is our Lord Chancellor seeking to deny natural
justice to those who look to rein in the worst excesses of the State – but it
appears that he is willing to be economical with the truth to achieve his aim –
a win at any cost?
All the more reason, therefore, why we should all be
lobbying our MPs to ask them not to interfere with one of the few remaining remedies
available to individuals against a State convinced of its own infallibility.
Paul Scholey - Partner
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