‘It is difficult to provide a satisfying account of constitutional accountability in the UK without considering the internal processes of major political parties (especially the governing party and the largest opposition party). Yet, intra-party processes often do not receive the attention of constitutional scholars. Therefore, in this blog, I will discuss the constitutional importance and the legal treatment of intra-party processes. I will start with the constitutional significance of certain intra-party processes. Subsequently, I will discuss the consequences of the existing private law status of parties. I will then comment on the amenability of intra-party processes to judicial review in light of a recent judgment delivered by Fordham J in R (Tortoise Media) v Conservative Party [2023] EWHC 3088 (Admin) (“Tortoise Media”). The blog concludes with a caution against a blanket rejection of judicial review of intra-party processes.’
UK Constitutional Law Association, 31st January 2024
Source: ukconstitutionallaw.org
