There is a fundamental misunderstanding there. Of course, Parliament can reverse a judicial review on its substance. If the courts conclude that some social security regulations do not meet a particular provision, they can change those regulations and come to the same result they wanted to all along, which is fine. I am talking about the fundamental role of the court in relation to determining whether the Government are acting lawfully. In relation to that, namely the ambit in which the court will operate Anisminic onwards, as it were, do not interfere with it. Let the courts determine that. Ultimately, the limits of that have to be set by the courts and not Parliament.
Judicial Review and Courts Bill
Proceeding contribution from
Lord Falconer of Thoroton
(Labour)
in the House of Lords on Monday, 21 February 2022.
It occurred during Committee of the Whole House (HL)
and
Debate on bills on Judicial Review and Courts Bill.
Type
Proceeding contribution
Reference
819 c104 
Session
2021-22
Chamber / Committee
House of Lords chamber
Subjects
Librarians' tools
Timestamp
2023-03-17 15:28:01 +0000
URI
http://hansard.intranet.data.parliament.uk/Lords/2022-02-21/22022185000003
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