JUDICIAL REVIEW - A FUNDAMENTAL RIGHT

6 August 2013

LETTER PUBLISHED BY THE TIMES - 6 AUGUST 2013.

I should add to this letter a paragraph I submitted which was cut by The Times. "Currently this trust (Zacchaeus 2000) has overturned sanctions unreasonably imposed, and other decisions made  by jobcentres, which would have been taken to judicial review had they not been. PN

 

Judicial review keeps politicians in line

Sir, Neville Peel (letter, Aug 5) seems to miss the point about judicial review.

The fundamental right of UK citizens, that judges have defended, is that decisions — made by central government and local authority officials and the courts — be rational, proportionate and follow the laws and procedures laid down by Parliament.

That is called the Wednesbury Principles, established in 1948 and explicitly upheld by Lord Freud the Minister for Welfare Reform during the passage of the Welfare Reform Act 2012 in the House of Lords.

A disastrous example of an occasion when the principles were disregarded was the imprisonment by magistrates, at the request of local authorities, of over 1,000 vulnerable, elderly and impoverished people who had defaulted on the community charge in the 1990s. They were released by judicial review.

The Rev Paul Nicolson
Trustee, Zacchaeus 2000 Trust


LATEST NEWS