Robert Thomas and Joe Tomlinson: A Design Problem for Judicial Review: What We Know and What We Need to Know about Immigration Judicial Reviews

“A Design Problem and a Knowledge Gap

Ensuring effective accountability of executive authorities in a modern, democratic state is ‘a design problem that can only be managed, not solved’. This ‘entails maintaining an appropriate balance among competing forms of accountability’ under the inevitable constraints that arise from the ‘demands of efficacy and by the brute facts of social, political and economic complexity’. The current trends in immigration judicial reviews undoubtedly present a very serious design problem for the UK administrative justice system. If there is to be a new solution to this growing system-management problem, the best solution will be one that is informed by rigorous empirical data.”

“In summary, the world of judicial review never stands still. It is affected and influenced as much by issues such as caseloads, costs, judicial resources, and the behaviours of government bodies and litigants as it is by legal doctrine. The overriding purpose is to design effective systems of redress. The traditional model of judicial review is a part of the answer, but very far from all of it. To assist us in this endeavour, two things are required: first, more empirical research into the operation of the current system; and, second, the ability to think more innovatively about new models of dispute resolution.”

UK Constitutional Law Association

Immigration and asylum claimants often use judicial review to challenge immigration refusal decisions made by the Home Office. Immigration-related cases have, for a long time now, presented serious difficulties to the efficient management of the judicial review system in the UK. The transfer of judicial reviews to the Upper Tribunal (Immigration and Asylum Chamber) may help avoid the once unavoidable impression that ‘the Administrative Court [is] a specialist asylum and immigration court with knobs on’. Yet, immigration remains the single largest area of mass judicial review. There are now over 16,000 immigration judicial reviews lodged each year – an unprecedented number. This caseload—which accounts for 85 per cent of all judicial reviews and has seen significant growth over recent years—is pushing at the limit of what the judicial system can cope with. The experience with immigration judicial reviews stands in stark contrast to non-immigration judicial review, where the caseload…

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2 thoughts on “Robert Thomas and Joe Tomlinson: A Design Problem for Judicial Review: What We Know and What We Need to Know about Immigration Judicial Reviews

  1. Its not just immigration judicial reviews but all are now effectively ineffective.

    So this means there is no means of holding the state to account for illegal decisions.

    This means citizens are hijacked by whatever the state wants.

    For example in care and courts of protection, only one care package decision of the Local Authority is put to a court as in a child’s or adult’s ‘best interests’, and this decision cannot be challenged by judicial review.

    .

    Liked by 1 person

  2. The hidden but very real human cost of these state machinations is too high.
    Corporatocracy has been tipping real social work into anti-social work!
    Corporatocracy is torturing democracy while those tasked with guarding procedural fairness and due process are complicit, indifferent and/or display Nelsonian blindness.

    Deprived of any meaningful access to justice,
    with core human and family rights violated and conceded by legal misrepresentation hence rendered theoretical and illusory, effectively treated like children of a lesser god – those of us subjected to these essentially arbitrary and ultra vires decisions and consequently having to deal with the interference to family life are victims of this hubris.
    State corporatocracy via venture capitalism making inroads into social services and citizens family lives.

    “Just look at us. Everything is backwards, everything is upside down. Doctors destroy health, lawyers destroy justice, psychiatrists destroy minds, scientists destroy truth, major media destroys information, religions destroy spirituality and governments destroy freedom.”
    ― Michael Ellner

    There must be a way to arrest this decline and restore the balance …

    Like

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