This ‘reform’ of judicial review will put the government above the law - The Guardian
David Davis’s recent article (Be warned: this government is robbing you of your right to challenge the state, 25 October) labels the government’s proposed reforms to judicial review “an obvious attempt to avoid accountability”. While the specific changes in clauses 1 and 2 of the current bill are actually relatively narrow and technical, I share his concerns about the attitude they reveal. Recent government statements demonstrate that the bill is only the opening skirmish in an effort to shield government power from legitimate oversight.
The government frames its desire to curb judicial review as correcting an illegitimate political power grab against elected legislators by unelected judges. In fact, the government seeks to arrogate more power to itself.
Judicial review exists to enable independent courts to act as parliament’s watchdog and ensure that public bodies abide by the law and interpret it correctly. The legal questions raised are “political” insofar as all wielding of state power is political, but judicial review is not about second-guessing policy choices, it is rather about upholding legislation. A judge’s role is to check whether decisions are within the decision-maker’s legal power and rationally made, following the proper procedures. If the government wants to modify the laws and procedures in question it is free to do so, but until that happens the courts require public bodies to obey the law as it stands. A significant curtailment of judicial review would place the government and public bodies above the law.
Although Davis may be right that this aim “should come as no surprise”, it is no less worrying in its implications for being expected.
Nick Wrightson
London
I read David Davis’s article regarding the democratic right to challenge authority with growing dismay about how insidious the present administration is. The government, beginning with Boris Johnson, is starting to imitate the playbook of the US Republican party.
Michael Bennett
London
To my considerable surprise I write to support David Davis in his alarm at any attempt to curtail a vital plank in our democratic process.
Jonathan Pennington
London
Have an opinion on anything you’ve read in the Guardian today? Please email us your letter and it will be considered for publication.
… we have a small favour to ask. With the world's eyes on the crucial UN climate summit, the Guardian will bring you the facts, negotiations, news and science. For years, climate experts have stressed that Guardian reporting - independent, rigorous, persistent and open to all - is a critical tool to confront the climate crisis, which is intensifying around the world. Leaders, influenced by powerful lobbies, are now set to make decisions that will determine our future.
We have no shareholders and no billionaire owner. Just the determination and passion to deliver high-impact reporting for the world, always free from commercial and political influence. Reporting like this is vital for democracy, for fairness and to demand better from the powerful. And we provide all this for free, for everyone, regardless of their ability to pay for it.
As such, tens of millions have placed their trust in us for the last 200 years, turning to us in moments of crisis, uncertainty, solidarity and hope. With more than 1.5 million supporters in 180 countries, our model for open access journalism is better sustained, meaning we can reach more people. This helps everyone keep track of global events like the climate summit, understand their impact on people and communities, and become inspired to take meaningful action.
We take this emergency seriously as a news organisation: two years ago, we pledged to prioritise the climate crisis, and we've published some 6,000 pieces of environmental journalism since. We set ambitious targets to green our business, and have turned away from fossil fuel investments and advertising as a result. We are on track to meet our goals, including that of transparency, where we will continue to update you on our progress.
But to keep working as we do - as an open, fiercely independent news organisation that focuses on the climate - we need your help. Every contribution, however big or small, counts. Support us today from just $1. Thank you.
source: https://www.theguardian.com/politics/2021/oct/31/this-reform-of-judicial-review-will-put-the-government-above-the-law
Your content is great. However, if any of the content contained herein violates any rights of yours, including those of copyright, please contact us immediately by e-mail at media[@]kissrpr.com.