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By Michael Cross2020-12-31T13:08:00+00:00
Declarations of war and prorogations of parliament should be protected from judicial challenge by new legislation, a prominent legal academic has told the Independent Review of Administrative law. In a striking divergence from other submissions published so far, Richard Ekins, professor of law and constitutional government at St John’s College, Oxford, says there is a strong case for parliament to legislate to restore what he says are the traditional limits on the scope of judicial review.
While such legislation ‘would obviously be controversial’, Ekins calls for legislation to declare a range of government actions non-justiciable. ’The list would include at least declaring war, dissolution, prorogation, appointing and dismissing ministers and making or unmaking treaties.’