Independent Review of Administrative Law was led by Lord Faulks QC
Source: Mary Turner – The Times
Both departments said the panel ‘must have a safe space’ to analyse and consider the evidence and reach its conclusions. Pressure will mount on the Whitehall departments to publish their submissions now that the panel has reported to government.
Shortly after the ministry confirmed the panel had submitted its report, the Department for Education responded to the
Gazette s request, under the Freedom of Information Act, to confirm if the department had submitted a response and what the response said. The DfE also said the information was exempt from disclosure, giving the same reasons that the Home Office and MoD gave to the
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.’