Tag: Children and Young People (Scotland) Act 2014
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Ben Christman: An Unholy Resurrection in the Court of Session
Relaxed standing tests for judicial review are critical to maintain the rule of law. Too restrictive, and the executive may act unlawfully – safe in the knowledge that judicial oversight is precluded by the courts’ doors being closed to the public-spirited litigant. In certain circumstances, restrictive standing tests can leave illegal executive action essentially unchallengeable.…