Bibliography
A (FC) and others (FC) v. Secretary of State for the Home Department [2004] UKHL 56.
Allegretti, Aubrey, “Ex-minister says judicial review plan is assault on legal system,” The Guardian, 26 October 2021.
Allison, John, The English Historical Constitution: Continuity, Change and European Effects (Cambridge, Cambridge University Press, 2007).
Ames, Jonathan, “Brexiteer lawyer wants to curb power of courts,” The Times, 14 Feb. 2020.
Bingham, Tom, Selected Essays and Speeches 1985-1999 (Oxford, Oxford University Press, 2011).
Bingham, Tom, The Business of Judging. Selected Essays and Speeches 1985-1999 (Oxford, Oxford University Press, 2011).
Elliott, Francis and Ames, Jonathan, “Courts are not for politics by other means, warns Prime Minister,” The Times, 16 January 2020.
Erskine May, Thomas, Treatise on the Law, Privileges, Procedures and Use of Parliament (London, Lexis Nexis, 24th ed, 2011).
George, Géraldine, (dir.) Glossaire de Droit anglais (Paris, Dalloz, 2019).
Gibson-Morgan, Elizabeth (dir.), Fighting for Justice: Common Law and Civil Law Judges; Threats and Challenges (Cardiff, University of Wales Press, 2021).
Hale, Brenda (Lady Hale), Spider Woman. A Life (London, The Bodley Head, 2021).
House of Commons Parliamentary Debates, Hansard, 15 January 2020, vol. 669.
House of Commons Political and Constitutional Reform Committee, “A New Magna Carta?” Second Report of Session 2014-15, 10 July 2014, HC 463.
Jowell, Jeffrey and O’Cinneide, Colm (Eds), The Changing Constitution (Oxford, Oxford University Press, July 2019).
Lammy, David, “A Panel of Preconceptions,” “the review of judicial review” will enhance the government’s power and diminish yours,” Prospect, January/February 2021.
Ministry of Justice, “Judicial Review Reform Consultation. The Government Response,” CP 477, July 2021.
Queen’s Speech, May 2021.
R (Miller and another) v. Secretary of State for Exiting the European Union [2017] UKSC 5.
R (Miller) v. Prime Minister [2019] UKSC 41.
R (on the application of Cart) v. The Upper Tribunal [2011] UKSC 28.
Ross, Tim, “The justice system is failing too many women,” The New Statesman, pp. 22-28 October 2021.
Sinclair, Alexandra and Tomlinson, Joe, “A legislative Horror Show,” “Abused of delegated legislation makes a mockery of law making,” Prospect, January/February 202.1
Sumption, Jonathan, Law in a Time of Crisis (London, Profile Books, 2021).
The Commission on Justice in Wales Report, “Justice in Wales for the People of Wales,” Cardiff, October 2019.
The Independent Review of Administrative law, Her Majesty’s Stationery Office, CP 407, March 2021.
Thomas, Cherry, “Report of findings covering salaried judges in Scotland,” 2020 UK Judicial Attitude Survey, UCL Judicial Institute, 25 February 2021.
Waltman, Jerold, and Holland, Kenneth. M. (eds) The Political Role of Law Courts in Modern Democracies (London, Palgrave Macmillan, 1988).
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Notes
Ally of the People,” Lord Thomas interviewed by Alex Dean, Prospect, January/February 2021, p. 14.
Ibid, p. 14.
R (Miller and another) v. Secretary of State for Exiting the European Union [2017] UKSC 5.
R (Miller) v. Prime Minister [2019] UKSC 41.
Lady Hale, Spider Woman. A Life (London, Penguin Random House, 2021), p. 210.
Rebecca Moosavian, Clive Walker and Andrew Blick “The Untapped potential of proportionality in a Pandemic” in Aurélien Antoine, Andrew Blick, Geraldine George, and Elizabeth Gibson-Morgan, Constitutional, political, social and health threats and challenges in France and the UK, Mare & Marin – due to be published in 2022.
Alex Dean, “A verdict never in doubt,” Prospect, January/February 2021, p. 1.
A (FC) and others (FC) v. Secretary of State for the Home Department, 16 December 2004, [2004] UKHL 56.
www.echr.coe.int (accessed on 24/10/2021).
“Ally of the People,” John Thomas interviewed by Alex Dean, Prospect – special issue on the Rule of Law – January/February 2021, p14. [Lord Thomas has joined the House of Lords as a crossbencher].
In the French Gérard Cornu, Vocabulaire juridique, 11ème de (Paris, Quadrige/PUF, 2016), p. 725, “outrage” is defined as “manifestation de mépris attentoire à la dignité de sa fonction”.
Geraldine George (dir.) Glossaire de Droit anglais (Paris, Dalloz, 2019), p. 349.
Peter Collin Publishing, Dictionary of Law, second edition, 1995, p. 55.
It aimed at amending the original law on such issue, the Justice Act, dating back to 1960.
“Independent of Whom,” Sir Derek Oulton’s review of the book of Robert Stevens entitled The Independence of the Judiciary: The View from the Lord Chancellor’s Office (Oxford, Clarendon Press, 1993), Journal of Law and Society, vol. 21, N4, December 1994, p. 569.
Peter Collin Publishing, Dictionary of Law, second edition, 1995, p. 55.
Report of the Committee on Contempt of Court, Cmnd 5794, 1974, paragraph 2 – referred to in Erskine May’s Treatise on the Law, Privileges, Procedures and Use of Parliament (London, Lexis Nexis, 24th ed, 2011), p. 191.
Erskine May, op. cit., p. 191.
The Independent Review of Administrative law,” CP 407, March 2021, p. 50.
Tom Bingham, Selected Essays and Speeches 1985-1999 (Oxford, Oxford University Press, 2011), p. 61.
www.parliament.uk (accessed on 24/10/2021).
www.parliament.uk (accessed on 24/10/2021).
www.parliament.uk (accessed on 24/10/2021).
C.H. McIlwain, “The tenure of English judges,” The American Political Science Review, vol. 7, N2, May 2013, (pp. 217-229), p. 226.
“Oral evidence session with the Lord Chief Justice,” Select Committee on the Constitution, Examination of Witness Wednesday 22 March 2017, p. 5.
“The Independent Review of Administrative law,” CP 407, March 2021, p. 13.
It is the case for the time being but were Wales to be granted the devolution of justice, it would have its own legal system.
“Oral evidence session with the Lord Chief Justice,” Select Committee on the Constitution, Examination of Witness Wednesday 22 March 2017, p. 7.
“Justice in Wales for the People of Wales. Summary report,” The Commission on Justice in Wales Report, 24 October 2019, p. 8.
Lady Hale, Spider Woman. A Life (London, Penguin Random House, 2021), p. 221.
Ibid, p. 211.
2020 UK Judicial Attitude Survey “Report of findings covering salaried judges in Scotland”, report by Cherry Thomas, QC, UCL Judicial Institute, 25 February 2021, p. III.
Ibid, p. V.
Ibid, p. V.
Jerold L. Waltman, “The courts in England “in Jerold Waltman and Kenneth. M. Holland (eds) The Political Role of Law Courts in Modern Democracies, Palgrave Macmillan, 1988, p. 117.
The Justice Ministry was only officially set up in 2007.
The Independent Review of Administrative law,” CP 407, March 2021, p. 131.
www.elysee.fr (accessed on 16/09/2021).
The ruling of the divisional court of justice over Brexit followed by the appeal of its decision before the United Kingdom Supreme Court in 2017 – Miller v. Secretary of State for Exiting the European Union – will not be dealt with in detail in the current paper as it has already been widely covered including by some eminent legal commentators.
Robert Buckland was appointed Lord Chancellor and Secretary of State for Justice by Boris Johnson in 2019 then was removed from office by the latter when he decided to reshuffle his Cabinet in September 2021.
He could have resigned to be freed from the government’s collective responsibility.
Tim Ross, “The justice system is failing too many women,” The New Statesman, 22-28 October 2021, p. 17.
Jonathan Ames, “Brexiteer lawyer wants to curb power of courts,” The Times, 14 February 2020.
The Conservative and Unionist Party Manifesto 2019, “Get Brexit done”, p. 48.
Ibid, p. 48.
Ibid, p. 51.
“A New Magna Carta?” House of Commons Political and Constitutional Reform Committee, Second Report of Session 2014-15, HC 463, 10 July 2014.
“The UK Constitution, A summary, with options for reform,” House of Commons Political and Constitutional Reform Committee, March 2015, p. 6.
“A New Magna Carta?” House of Commons Political and Constitutional Reform Committee, Second Report of Session 2014-15, HC 463, 10 July 2014, p. 354.
House of Commons Parliamentary Debates (Hansard), vol. 669, No10, Wednesday 15 January 2020, cl. 1019.
Ibid, Hansard, vol. 669, No10, Wednesday 15 January 2020, cl. 1019.
Francis Elliott and Jonathan Ames, “Courts are not for politics by other means, warns Prime Minister,” The Times, Thursday, January 16, 2020.
The commission was composed of six members altogether – three senior members of the legal profession, Lord Faulks, Professor Carol Harlow, QC; Vikram Sachdeva, QC; as well as Professor Alan Page; Celina Colquhoun and Nicholas J. McBride.
David Lammy, “A Panel of Preconceptions,” “the review of judicial review” will enhance the government’s power and diminish yours,” Prospect, January/February 2021, p. 3.
“The Independent Review of Administrative law,” CP 407, March 2021, p. 11.
Ibid, p11.
R (on the application of Cart v. The Upper Tribunal [2021] UKSC 28.
The Independent Review of Administrative law,” CP 407, March 2021, p. 132.
Ibid, p. 132.
“Judicial Review Reform Consultation. The Government Response,” London: Ministry of Justice, CP 477, July 2021, p. 3.
Ibid, p. 3.
Ibid, p. 3.
Ibid, p. 3.
Ibid, p. 3.
Ibid, p. 3.
www.legislation.gov.uk (accessed on 16/09/2021).
Sir Jeffrey Jowell & Colm O’Cinneide (Eds), The Changing Constitution (Oxford, Oxford University Press, July 2019), p. 19.
“Judicial Review Reform Consultation. The Government Response,” London: Ministry of Justice, CP 477, July 2021, p. 9.
Paolo Sandro, “Do you really mean it? Ouster clauses, Judicial Review Reform and the UK Constitutionalism paradox,” UK Const. L. Blog, 1 June 2021 www.ukconstituionallaw.org (accessed on 25 October 2021).
“Judicial Review Reform Consultation. The Government Response,” Ministry of Justice, CP 477, July 2021, p. 13.
Aubrey Allegretti, “Ex-minister says judicial review plan is assault on legal system,” The Guardian, 26 October 2021.
R (on the application of Cart) v. The Upper Tribunal [2011] UKSC 28.
Ouster clauses are provisions in legislation which exclude the jurisdiction of the courts depriving them of the power to review the validity of administrative action.
Mark Elliott, “Through the Looking-Glass? Ouster clauses, Statutory Interpretation and the British Constitution,” University of Cambridge, Faculty of Law, Research Paper N4, 2018, p. 4. Elliott was adviser to the Lords Constitution Committee.
“A Bill to make provision about the provision that may be made by and the effects of, quashing orders; to make provision restricting judicial review of certain decisions of the Upper Tribunal; to make provision about the use of written and electronic procedures in courts and tribunals; to make other provision about procedure in, and the organisation of, courts and tribunals; and for connected purposes”.
www.legislation.gov.uk (accessed on 15/11/2021).
“The Independent Review of Administrative law,” CP 407, March 2021, p. 8.
As it is stated in The Independent Review of Administrative Law, “judicial review is ‘devolved’ in both Scotland and Northern Ireland, by reason of not being reserved or excepted, but not in Wales in the absence of its own jurisdiction,” IRAL, March 2021, p. 127,
The Independent Review of Administrative law,” CP 407, March 2021, p. 113.
www.gov.uk (accessed on 24/10/2021).
Ibid., p. 129.
John Allison, The English Historical Constitution: Continuity, Change and European Effects (Cambridge, Cambridge University Press, 2007).
The 2015 Conservative manifesto, “Strong leadership, a clear economic plan, a brighter, more secure future”, p. 60.
www.parliament.uk (accessed on 24/10/2021).
Jonathan Sumption, Law in a Time of Crisis (London, Profile Books, 2021).
The Conservative and Unionist Party Manifesto 2019, “Get Brexit done”, p. 48
Alexandra Sinclair, Joe Tomlinson, “A legislative Horror Show,” “Abused of delegated legislation makes a mockery of law making,” Prospect, January/February 2021, p16 – Alexandra Sinclair and Joe Tomlinson worked on Public Law Project’s new report “Plus ça change? Brexit and the flaws of the delegated legislation system.” It was published on 13 October 2020. For more information see www.publiclawproject.org.uk
Elizabeth Gibson-Morgan (dir.), Fighting for Justice: Common Law and Civil Law Judges; Threats and Challenges (Cardiff, University of Wales Press, 2021).
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