Proposals to cut legal aid for judicial review will seriously impede the rule of law, argues Gareth Mitchell

In his seminal lecture on the rule of law delivered at the University of Cambridge in 2006, the late Tom Bingham - Lord Bingham - described as being at the "core of the rule of law" the principle that "ministers and public officers at all levels must exercise the powers conferred on them reasonably, in good faith, for the purpose for which the powers were conferred and without exceeding the limits of such powers."

He went on to note that when the lawfulness of government decisions are challenged in the courts - typically by way of judicial review - and the government is unsuccessful "it is displeased, being driven like every other litigant by a belief in the rightness of its cause but also no doubt by a b...

Jean Yves

IICJ

This article is part of a subscription-based access, to continue reading, please contact your library