Boyle And Camps Written Evidence Independent Review of Administrative Law 19 Oct 2020

Abstract

1.1. The exercise of power by the executive does not occur in a vacuum. It forms part of a broader constitutional framework whereby executive power is vested in government and the government and all those exercising power on behalf of the state must exercise that power lawfully. Judicial Review (‘JR’) constitutes an important accountability mechanism within this framework. The scope of the independent review as it currently stands (which focusses on whether JR should be curtailed) could equally be framed as a review of whether or how to extend executive power. Any review of executive power, and whether or how it should be exempt from any existing checks and balances (including JR), must ensure both legitimacy in process as well as substance. Likewise, and because JR can act as an important accountability mechanism for violations of rights, any changes to the existing framework must include participation of citizens (rights holders). Indeed, JR is a pathway to justice and access to justice in and of itself constitutes a common law right in the UK. The terms and the scope of this particular review merits close scrutiny for the purposes of ensuring it is conducted in a methodologically sound way and in a way that engages in a substantive acknowledgment of how JR performs a key cornerstone of the UK’s constitution.