![]() ![]() In order effectively to curtail judicial review in future similar cases, therefore, the Ministry of Justice will have to tackle not only the jurisdiction of the High Court, but also that of the Court of Session. And that is where its problems potentially arise.įirst of all, the Scottish justice system is a matter to which legislative competence has been devolved to Holyrood. Legislation to alter the jurisdiction of the Court of Session would therefore be a matter for the Scottish Parliament or, with its consent, the UK Parliament. One can envisage a number of political challenges for the Ministry of Justice in persuading the Scottish Government to pass (or recommend consent to the passing of) legislation of that sort. ![]() It is clear that ‘UK-wide’ decisions taken by the UK Government are as much amenable to judicial review in the Court of Session in Edinburgh as they are in the High Court in London. The recent litigation concerning the Prime Minister’s advice to the Sovereign to prorogue Parliament is a case in point, with parallel judicial review proceedings raised in Edinburgh and in London concerning essentially the same decision (and reaching opposite conclusions). In a move widely seen as designed to clip the wings of the judiciary, the Ministry of Justice recently announced an independent review into ‘public law control’ by the courts of all ‘UK-wide’ government decision-making. But how will the review tackle the position of judicial review in Scotland? ![]()
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