Humanists UK has expressed concern at the Government’s plans to ‘go further’ in changing how government decisions can be challenged in the courts, despite its own independent review cautioning against radical reform. Humanists UK has expressed concern at the Government ignoring the advice of its own experts and alarm at potential weakening of the rule of law.
In its review of judicial review – the process which allows citizens to legally challenge government decisions – the Government-appointed Independent Review of Administrative Law yesterday concluded that Ministers should be confident ‘the courts will respect institutional boundaries in exercising their inherent powers to review the legality of government action’, and recommended that ‘politicians should, in turn, afford the judiciary the respect which it is undoubtedly due when it exercises these powers’.
Among its modest proposals, the review suggested that new powers should be introduced to enable courts to temporarily suspend judgments, and that citizens should be given a more lenient timeframe to lodge complaints.
But the Government, in response to the conclusions, has decided to push on anyway, consulting a second time on all the reforms the Independent Review rejected after its own consultation, and has actively recommended making some decisions immune from judicial oversight and scrutiny.
Humanists UK – which has assembled a coalition of more than 160 charities, trades unions, and human rights organisations calling for the protection of judicial review and human rights – submitted evidence to the review warning that a wholesale overhaul of judicial review powers would risk curtailing fundamental freedoms and human rights.
Humanists UK’s Director of Policy and Public Affairs Richy Thompson said:
‘Although the Government may not have liked its conclusions, the independent review of judicial review was, on the whole, a fair and balanced account of judicial power in the UK. The modest nature of its proposals reflect the reality that it was tasked with solving a problem which had never truly existed in the first place, because judicial review is a well-functioning safeguard against executive power and a vital tool for citizens in upholding their rights. But despite the overwhelming weight of evidence advising against it, the Government now seems set on pushing ahead and curbing our courts’ powers regardless. We will continue to fight to protect judicial review and our human rights.’
Humanists UK will be responding to the new Government consultation.
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For further comment or information, please contact Humanists UK Director of Public Affairs and Policy Richy Thompson at press@humanists.uk or phone 020 7324 3072 or 020 3675 0959.
Read the Independent Review of Administrative Law’s report.
Read the Government’s consultation on judicial review.
Read more about our work on human rights and equality.
Humanists UK is the national charity working on behalf of non-religious people. Powered by 100,000 members and supporters, we advance free thinking and promote humanism to create a tolerant society where rational thinking and kindness prevail. We provide ceremonies, pastoral care, education, and support services benefitting over a million people every year and our campaigns advance humanist thinking on ethical issues, human rights, and equal treatment for all.