David Davis vows to lead a rebellion against judicial review changes | Right

Former cabinet minister David Davis has pledged to lead a rebellion against the government’s changes to judicial review, calling them a disturbing assault on the justice system and an attempt to avoid accountability.

Ahead of the first major test of the Judicial Review and Tribunals Bill when it will be debated in the Commons on Tuesday, Davis wrote in an article for the Guardian that ministers’ plans “would tip the balance of the law in favor of the mighty”.

He cited the power of judicial reviews to give “victims a voice,” pointing to the reversal of the parole board’s decision to release serial rapist John Worboys. The MP for Haltemprice and Howden also praised campaigner Gina Miller for challenging the Government’s position early in the Brexit process that Article 50 could be triggered without parliamentary authorisation.

An overhaul of the judicial review process was promised in the 2019 Conservative manifesto, which said the mechanism should be “available to protect the rights of individuals against an authoritarian state”, but promised it would not be “abused to doing politics by another means”. or create unnecessary delays”.

Davis said judicial review “is helpful to individuals on matters affecting daily life” and was consistently used “to correct fundamental and dangerous errors of law.”

“Such attempts to consolidate power are deeply anti-conservative and forget that in a society governed by the rule of law, the government does not always get what it wants,” he said.

Davis also addressed suggestions that Cart’s so-called judicial reviews could be abolished, allowing the High Court to review a decision to deny someone leave to appeal a case. Davis said ministers viewed them as “expensive and unsuccessful”.

“While the attack on judicial review, and in particular Cart’s judicial review, is a worrying assault on our justice system, it is only part of the picture,” the former Brexit secretary wrote, whose former chief of staff Dominic Raab is now the justice of the peace. secretary.

Davis said the ministers were in effect trying to “deny the jurisdiction of a court in a certain matter” through a mechanism known as the “crowd-out” clause.

He wrote: “If left unchecked, the use of these exclusion clauses could give free rein to a government to designate certain decisions it has made, or the use of certain powers it attributes, as being unassailable in court. And the government, through this bill, wants to establish a framework for how exclusion clauses can be applied to other areas in future laws. It’s totally false.

“It all too clearly leaves the door open to the creation of new exclusion clauses that shield the courts from ruling in matters such as labor courts or social security.”

Davis said it “did not take an unbridled imagination to imagine a future government, ravaged by constant losses in the welfare courts, to suddenly legislate to remove the court’s vital oversight functions” in the decisions regarding labor courts or benefits.

A Department of Justice spokesperson said: “This bill respects our clear commitment to protect the rights of individuals, while ensuring that the courts are not open to abuse and delay.

“These changes will empower the judiciary to hold the government to account, while cracking down on those who seek to obstruct the judicial process.”

The Department of Justice previously claimed that Cart’s number of successful judicial reviews was only 0.22%, although Davis raised the question in his article, saying the figure was “grossly incorrect” and likely to be “much higher” at around 5.7%.