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In a speech to the CBI in 2012, David Cameron described judicial review as a ‘massive growth industry’. Basing your argument on case law, critically discuss whether judicial review has expanded too far in its development.
This requires an overview of judicial review and you can select aspects of it for argument.
- Define and explain judicial review and discuss its constitutional significance.
- What were David Cameron’s objections to it? (The speech is available online)
- What cases can you find showing how the courts have expanded judicial review principles? E.g. Padfield.
- How far can the courts intervene with the exercise of discretionary powers by public bodies?
- Consider how the courts have developed irrationality. Does it allow them to intervene too much in decision-making by public bodies?
- Can you find any examples of cases where judicial review decisions seem to interfere with the political process? Think, for example of Bromley v GLC, or the HS2 cases.
- You could also discuss how the courts have developed the law on legitimate expectation and consultation.
- In reality, what are the courts doing in the judicial review process? What is its purpose? What could happen if judicial review was not available?