UKAJI Call for Blogs on The Independent Review of Administrative Law (IRAL)
In July 2020, the Government launched a Panel to examine potential reforms to the system of judicial review. This followed a commitment in the Conservative Party’s manifesto for the December 2019 general election to establish a Commission on the Constitution, Democracy and Rights. The original Panel has now been transmogrified into the ‘Independent Review of Administrative Law’ (IRAL), which released its call for evidence in early September 2020.
The Review identifies its terms of reference as follows:
- Whether the amenability of public decisions to judicial review by the courts and the grounds of public law illegality should be codified in statute;
2. Whether the legal principle of non-justiciability requires clarification and, if so, the identity of subjects/areas where the issue of justiciability/non-justiciability of the exercise of public power and/or functions could be considered by the Government;
3. Whether, where the exercise of a public power should be justiciable: (a) on which grounds the courts should be able to find a decision to be unlawful; (b) whether those grounds should depend on the nature and subject matter of the power; and (c) the remedies available in respect of the various grounds on which a decision may be declared unlawful;
4. Whether procedural reforms to judicial review are necessary, in general to ‘streamline the process’, and, in particular: (a) on the burden of disclosure in particular in relation to policy decisions in Government: (b) in relation to the duty of candour, particularly as it affects Government; (c) on possible amendments to the law of standing; (d) on time limits for bringing claims; (e) on the principles on which relief is granted; (f) on rights of appeal, including on permission to bringing proceedings; and (g) on costs and interveners.
Within these terms of reference lie major constitutional issues relating to judicial redress and legal remedies for the individual, the accountability of the executive, parliamentary sovereignty, the rule of law, judicial independence, access to justice, and the separation of powers.
Today, UKAJI is launching a call for blogs which address the Independent Review of Administrative Law. Given that there are many other forums to address the direct constitutional issues that arise, UKAJI would be particularly interested in blogs and commentaries which address how this Review relates to – or fails to relate to – administrative justice issues, such as initial decision-making by public bodies, the work of tribunals and ombuds, administrative redress mechanisms and remedies within public bodies, alternative and online dispute resolution, the operation of public services and public administration, and legal advice provision given to claimants and public bodies.
UKAJI’s definition of ‘administrative justice’ can be found here and our blog guidelines can be found here. For any further information or to submit pieces, please contact Lee Marsons on firstname.lastname@example.org.