August 24, 2003
To the list:
Please excuse my ignorance but I am hoping someone on the list can point
me in the right direction. I have three questions about judicial review in
the U.K.
First, I am aware that European law is now or was recently furnishing a
kind of super-law under which acts of Parliament in theory are or were
subject to judicial review. Apart from this, my understanding is that
judicial review is irrepressible and does occur, but that British courts
tame statutes through construction and interpretation. I have a vague
recollection, though, that there were certain reforms (apart from the
reception of European law) which might have introduced some modes of
judicial review more analogous to ours. Does anybody know?
Second, what happens in the U.K. when domestic law is clearly superior
(better, more rational, progressive, fairer, whatever) than European super-law?
The third question is a parallel question about administrative law. The
few cases I have seen suggest that English injunction suits against
government officials are by now quite similar to ours. Is this true? If
so, is there some special court or arrangement for these, or would any
court have jurisdiction?
Thanks,
louise
