Judicial Review and Courts Bill of 2021
In recent years there has been much progress in the system; one such change is the Judicial Review and Courts Bill of 2021. The Bill is a significant intervention by the executives to review and reform the judicial powers. Till the time the Bill passes through the Parliament, it is crucial to take into consent the historical significance of the judiciary independence along with the debates that are present regarding autonomy and discretion of the judiciary. The future of judicial review has been addressed by the government as of now. However, it is clear that there will require many more reforms that will come, which may interfere with judicial independence or merely put barriers to the availability of the judicial review system. The panel developed for the discussion of the Bill discussed what will be considered as a judicial overreach along with making it a part of the rationale. This is also one of the main reasons behind the Judicial Review and Courts Bill 2021. In the Bill, there are two clauses that are in relation to the judicial review, which is related to the amendments of the Senior Courts Act 1981. The first clause in the Bill addresses a question that is based on judicial power granting quashing orders. The public, in this case, has acted in a very unlawful manner, and the decision regarding the quashing order is considered to be invalid and ineffective. The quashing orders generally mean the decision taken by the public body has been overturned due to illegality.
Clause 1 gives power to the judge to suspend any quashing order so as to delay the implementation process and, if need be, to limit the retrospective effect. The clause also requires the court to take into consideration several factors such as the suspension of the order, letting it pass to make it valid, and lastly, notwithstanding the fact the order has been set to be invalid. These factors can be put to practice based on five aspects starting with determining the nature and the circumstances of the said error. Secondly, the disproportionate effects while practising or even failing to practice the power under this Act.
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