Samuel Beswick: Prospective Quashing and the Rule of Law – UK Constitutional Law Association

Posted November 23rd, 2021 in bills, constitutional law, judicial review, news, rule of law by sally

‘The new prospective-only quashing order reform proposed by clause 1(1)(29A)(1)(b) of the Judicial Review and Courts Bill 2021 implicates the Rule of Law. That much seems to be a matter of general agreement. But commentators drastically disagree on how it does so. Three contrasting positions on the relationship between prospective quashing and the Rule of Law have emerged: (1) that prospective-only quashing offends the Rule of Law; (2) that the technique enhances judicial flexibility without undermining the Rule of Law; and (3) that prospective-only quashing enhances the Rule of Law.’

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UK Constitutional Law Association, 23rd November 2021