The British commentariat has not covered itself in glory in its reaction to Dominic Raab’s proposed reforms to judicial review. The Times reported yesterday that the government is planning to introduce a novel legislative tactic, the ‘Interpretation Bill’, to try to shift the balance of power back towards parliament. To be clear: there is no prospect of ministers being given the power to strike down court judgments they dislike.
In fact, the core of the proposal is perfectly orthodox. The proper way for parliament to change the law is through legislation, and an Interpretation Bill is legislation. It would need to be passed in the normal way, and MPs would have to vote it through. No despotism involved.
The barrister and commentator Matthew Scott has suggested on Coffee House that parliament would be unable to improve on the carefully considered judgements of the courts in the limited amount of time that an annual bill would allow.
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