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The government's latest reform to the justice system appears to be an attempt to limit the use of judicial review. It includes a large increase in the fee payable for a hearing in person, a reduced time limit for bringing judicial review proceedings of planning decisions, and banning some applicants from having a hearing in person if their initial application is held to be without merit.
So, is this a necessary set of measures to prevent the abuse of judicial review and stop its use to delay immigration and planning decisions, and help economic growth into the bargain?
Or is it an attack on the rule of law which will restrict the right of citizens to challenge decisions made by the government? A great topic to stimulate debate!
Some members of the House of Lords, including the eminent Lord Pannick, think the change will actually result in an increase in applications - one to file under the law of unintended consequences? Video clip here from 8 mins 40: http://www.bbc.co.uk/democracylive/house-of-lords-22268607
This is my first post to the Law blogging section for tutor2u. I will be blogging about topics linked to AS and A level Law and in particular how you can make use of websites and e-learning to help aid your learning.read more...»
I have recently been introducing my BTEC level 2 students to the concept of sentencing and asked them what they thought about the sentencing in the UK and across the world. They gave various typical examples such as having your hands chopped off for stealing and refered to the death penalty in some states in America. I asked them to guess the sentence given to various images and cases that I had displayed and we had a good discussion of whether it was enough or was too harsh.
This is a great audio discussion on whether the quality of advocacy in the Courts has been affected by the blurring of lines between solicitors and barristers. Do lower costs make miscarriages of justice more likely? A clip would make a great discussion-starter.
Loathe as I am to blog on the subject of Mr Terry, it's a good example for new student of the differing standards of proof in civil and criminal cases - despite the argument of "victimisation" trotted out by some, er, commentators. Louis Restell has a sensible blog on this here .
The Lawyer has a piece this week on the problems the profession finds in dealing with the regulator's "black and white" approach. Some good extension material here!