Tag: quashing orders
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Saba Shakil: Bridging the gap between remedial reform and judicial practice: A study of challenges to delegated legislation
The resurrected Bill of Rights Bill (BoRB) shows that the government is continuing to grasp at the wrong end of the remedies stick – and it will continue to do so until it pays attention to the evidence. In its 2019 Manifesto, the government made a lofty commitment to restructuring the fundamental relationship between the three…
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Jonathan Morgan: IRAL’s Missing Remedy: Compensation for Unlawfulness
The current blog post considers the failure of the current judicial review reform process, from IRAL onwards, to give proper consideration to compensation for unlawful government acts. This has been less discussed than the discretion over the temporal effect of quashing orders (which I considered here). It may be that the Realpolitik of this omission…
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Jonathan Morgan: In Praise of Flexibility: Clause 1 of the Judicial Review and Courts Bill (2021)
Much has been written about the government’s judicial review reform project, which has led from IRAL to a further round of government consultation, culminating in the Judicial Review and Courts Bill. This note concerns Clause 1 (‘Quashing Orders’). This provision in the Bill has received an excellent summary, commentary and thoughtful critique from Tom Hickman. …