Faulks calls for evidence on judicial review scope

A call for evidence has been issued by the panel undertaking a review of the availability and scope of judicial review.

Chaired by Lord Faulks QC, the Independent Review of Administrative Law Panel does not appear to have a website, but commentator Joshua Rosenberg has posted about the call.

It appears that intending respondents have to email the secretariat at IRAL@justice.gov.uk and obtain a questionnaire, which must be returned by 19 October.

The review has been tasked with examining trends in judicial review and the balance between the ability of the citizen to challenge the lawfulness of executive action and the role of the executive to govern effectively under the law.

In particular it is expected to consider whether there should be some statutory codification; whether the principle of non-justiciability requires clarification; the grounds on which a decision can be held unlawful, and the remedies available; and whether procedural reforms are necessary, including standing to bring proceedings, time limits, and rights of appeal.

The panel is reported to be seeking evidence on "how well or effectively judicial review balances the legitimate interest in citizens being able to challenge the lawfulness of executive action with the role of the executive in carrying on the business of government, both locally and centrally".

It is particularly interested in "any notable trends in judicial review over the last 30 to 40 years. Specifically, the panel is interested in understanding whether the balance struck is the same now as it was before, and whether it should be struck differently going forward".