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At a Glance
Issue Summary
Professor Ekins discusses the need for legislative responses to judicial review judgments that he considers unjustifiable.
Action Requested
Professor Ekins suggests enacting an ouster clause modelled on clause 2 of a previous bill to protect the Investigatory Powers Tribunal and proposes similar limitations in contexts involving intrusions into the heart of the political constitution. He also notes the importance of not overhauling judicial review entirely but making significant corrections where necessary.
Key Facts
- Legislative responses to judicial review judgments are constitutionally unimpeachable.
- An ouster clause modelled on clause 2 can protect the Investigatory Powers Tribunal.
- The Dissolution and Calling of Parliament Bill includes a partial response to the Prorogation judgment in Clause 3.
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