Discover and read the best of Twitter Threads about #judicialreview

Most recents (18)

Breaking: Ratification of CETA unconstitutional. Supreme Court.
Patrick Costello TD succeeds in a hugely significant vindication of citizens' rights and their place in the constitutional architecture of Ireland.

The court judgments will need close reading. There may be a legislative path to legitimate ratification, avoiding a referendum.
The seven judgments will appear on Courts.ie shortly - link courts.ie/judgments
Read 29 tweets
@chittukuruvi4 @DetheEsha @smita_muk @Randeep_Sisodia @Bobbycal @sun_usind @Approve001 @Johny_mera_name @sdjoshi55 @OKarthik82 @pardhu_leo @SriRamya21 @NAN_DINI_ Well articulated 💐👏👏🙏.
Besides must not forget that #Judiciary a huge stumbling block in Government’s resolve to pursue reformative governance. As @vijayadar Ji pointed earlier in his thread, quite worrying to see Judiciary putting impediments in the Government’s working.
@chittukuruvi4 @DetheEsha @smita_muk @Randeep_Sisodia @Bobbycal @sun_usind @Approve001 @Johny_mera_name @sdjoshi55 @OKarthik82 @pardhu_leo @SriRamya21 @NAN_DINI_ @vijayadar Reforms in #Judiciary must engage Government & the Judiciary. The #Judiciary too will need to ponder and work ceaselessly in delivery of justice fair and prompt. Justice should not be only done but should be “seen too” to have been done. Huge gap witnessed in that direction.
@chittukuruvi4 @DetheEsha @smita_muk @Randeep_Sisodia @Bobbycal @sun_usind @Approve001 @Johny_mera_name @sdjoshi55 @OKarthik82 @pardhu_leo @SriRamya21 @NAN_DINI_ @vijayadar Hope the time has come when we witness wisdom dawning on #Judiciary to start the process of reforming #Judiciary. Let half measures turn into full measures - “Next CJI's Plan To Carve Out Five-Judge Constitutional Bench Is A Half-Measure” swarajyamag.com/ideas/next-cji… via @SwarajyaMag
Read 15 tweets
Umm. Hasn't anyone at @MoJGovUK told @DominicRaab that a "Bill of Rights Bill" won't enter the statute books as a #BillOfRights (if passed) but only as a Bill of Rights *Act*?

🤦‍♂️🤦‍♂️🤦‍♂️
We still have to wait for the Bill to be published, of course - but the petty press release:

gov.uk/government/new…

makes it clear this isn't a #BillOfRights; it's not even a #BillOfGoods - it's a Bill of #Bads and #Wrongs that starts off poorly, and then gets even worse...
Even as it characterises #HumanRights claims as "trivial", the Government reveals its fatuity; the example it gives 👇 refers to a ruling that simply required the UK Courts to see through *their own process*!

Just how "trivial" does this Government consider #DueProcess to be?? Confirm that interim measures from the European Court of Hum
Read 8 tweets
1."The balance it (the Court) has fixed upon now favours Govt power over claims of individuals" Aidan O'Neill QC
#50sWomen certainly feel victims of an imbalance of power in the way #SupremeCourt dismissed their case as "out of time"
#WednesburyUnreasonableness
#FullRestitution
2. #50sWomen suspect that judges in High Court #judicialreview may have been unduly influenced by Govt misrepresentation of the impact of a positive judgement in favour of our claim
➡️suggestion of "opening floodgates" of similar claims & "unaffordability"
Should be irrelevant!
3.
Prof Conor Gearty QC:
The post 2020 #SupremeCourt has reverted to....."legal formalism"...."displaying an old-school lack of interest in the lived experience of those whose plight have brought them to judges' attention"
Too true for #50sWomen
#WaspiFullRestitutionNow
Read 5 tweets
MPs will shortly debate the Judicial Review and Courts Bill #JRandCourtsBill #JudicialReviewBill.

This thread covers Part 1 of the Bill which relates to judicial review (1/10) →
Clause 1 would introduce two new remedies for #judicialreview – prospective only quashing orders and suspended quashing orders. (2/10)
Prospective only remedies risk undermining ordinary citizens’ ability to hold the government to account and deny redress for people who have been affected by unlawful government action – we are calling for them to be removed from the Bill. (3/10)
Read 10 tweets
#BackToSchool The Supreme Court of the United States (SCOTUS) is the highest court of our land. The 9 justices decide the constitutionality of our laws and they hear select cases as a court of last appeal. Since Presidents pick nominees, elections & voting matter a great deal!
Article III of the Constitution establishes the federal judiciary. Article III, Section I states that "The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish."
2/19
Although the Constitution establishes the Supreme Court, it permits Congress to decide how to organize it. Congress first exercised this power in the Judiciary Act of 1789. This Act created a Supreme Court with six justices & established the lower federal court system.
3/19
Read 20 tweets
We all want to live in an equal, just and fair society

Our laws and legal processes allow ordinary ppl to hold govs and public authorities to account when they get it wrong

Recommendations announced today show these basic principles of democracy are under attack
#SaveYourRights
By suggesting it shouldn’t be poss to bring legal challenges against certain decisions, and limiting court powers when they find Gov has acted unlawfully, Gov is stifling ppl’s ability to challenge its decisions through the courts, even decisions that infringe basic human rights
Ordinary ppl must be able to challenge those in power.

No one is above the law.

#JudicialReview is importantr part of that principle.

If it’s limited, we’re on a dangerous path where govs – both now and in future – can no longer be held to account
libertyhumanrights.org.uk/issue/liberty-…
Read 3 tweets
🚨RE #FullDisclosure Shock

"We went through each and every document and cross-compared with what had been disclosed in both the #CivilCase and the #CriminalCase. And we found a substantial number of documents that we had never seen before; which is spectacular."

#ScotlandSpeaks
"[A spectacular example] – but by no means the only e.g. – is a series of documents which demonstrated that the @PermSecScot met one complainant and telephoned the other on March 6, 2018; that was the day before I was informed there were any complaints against me."
#SalmondSpeaks
🚨"The search warrant in the #CriminalCase specifies meetings between the @PermSecScot and complainants; [but] the @COPFS did not receive that document (I believe), which is almost beyond imagination." .. "That's obstruction of justice! And there are consequences for such things"
Read 8 tweets
🚨 "We indicated a willingness to [hand over documents to the committee], we then had correspondence from the @ScotGov who only would only agree [to us doing so] if we gave the documents to them [first] so they could – as they put it – 'make suitable redactions'."

#SalmondSpeaks
🤯#ProceduralUnfairness
"The Investigating Officer (IS) presents the case for the prosecution before the defendant is even informed about the procedure. Then the [accused], instead of being able to present their own case, has to give that case to the IS to present on his behalf."
🤯#ProceduralUnfairness
"The @PermSecScot decision not to allow me any contact with civil servants or even have documents (like my own diaries)."

Why would Civil Service use a procedure, to then hand over to a political party for sanction?

"Highly questionable!"

#SalmondSpeaks
Read 7 tweets
📺 Regarding the alternative options available to @ScotGov, including #Arbitration and #Mediation to resolve complaints.

"Mediation [was] available for current ministers, but not former ministers" .. "Mediation [was] missing .. for no understandable reason..."

#SalmondSpeaks
📰 "[#Arbitration] designed to provide a cheaper/ more private was of dealing with disputes."

"The idea that that wouldn't have been a better way to approach this matter – than what has transpired over the last 3 yrs – would be an extraordinary position to adopt"

#SalmondSpeaks
💡"If people would say, 'on reflection we could have avoided this disaster and saved the Scottish people £600,000' – that might be a good thing for people to say." .. "But people who took a decision might be expected to defend it, however disastrous the decision turned out to be"
Read 6 tweets
📰 Regarding the #JudicialReview against the @scotgov:

"We would have expected to get a substantive reply" .. "Perhaps they were going to say, 'we're about to legislate for this anyway, or do something – remotely – legal"
–– @AlexSalmond

#SalmondSpeaks
The @scotgov refused arbitration; pressed ahead and cost the taxpayer £512,250 – the very highest level that could be awarded by the judge. The reason for that is the unprecedented lengths the Gov went to hide their evidence.

#SalmondSpeaks
🚨 A totally extraordinary position.

"The Gov were prepared to go before the Court and say, 'there were no more documents'." .. "[@scotgov] had been withholding documentation, not just from the petitioner (myself), not just the Court, but from their own Counsel."

#SalmondSpeaks
Read 5 tweets
Judge Collins:

Citizens had been left to become “private law enforcers”, going to court to make the State apply the laws “often at considerable risk to their own financial safety”.

“Access to justice is a major issue in Ireland.” independent.ie/news/environme…
As @codohertynews notes, ‘His comments come at a time when the Government is considering restrictions to make it *more difficult* to take legal challenges.’

Incredible but true.
It is a constant wonder to observe the power of certain lobby groups over our legislature. Their needs are rapidly met while others objectively more pressing are delayed.

Rinse and repeat.

The presence of the Green Party makes no visible difference afaics.
Read 12 tweets
@bbcbitesize deleting your tweet & then retweeting with replies disabled is not a solution to you promoting political ideology to children. This is against new @educationgovuk guidelines. We will be writing to @GavinWilliamson & @BBC to complain. @Baroness_Nichol @Tanni_GT #LGBT
The image chosen to illustrate the article on twitter & Facebook appears to show a mixed sex changing room. Mixed sex changing undermines #safeguarding.Here is the full article from @bbcbitesize. There are a number of concerns with the article itself. bbc.in/3mbwd66
Read 15 tweets
I fear that the real reason the govt wants to alter our once-respected legal system, is that they wish to make any legal challenge to their political decisions almost impossible, even where they flout the law | Amanda Robinson
#judicialreview
yorkshirebylines.co.uk/the-latest-att…
"While we may not yet have surrendered to fascism, we must be wary of any government that seeks to have complete control and limit the powers to challenge it or hold it to account. Because in some circumstances, it is the only way that members of the public can be protected."
@ChrisNJWilliams How's that - no blindfold or auctioneer's gavel!😉
Read 3 tweets
@YashwantSinha, A Shourie & @pbhushan1 are seeking a review of the #SupremeCourt's #Rafale judgment on 4 main grounds:

1) Judgment did not deal with the main prayer of one of the petitioners (P Bhushan): filing of an #FIR & a #CBI led investigation
...
2/n
...
2) Judgment relied on a large number of major factual errors
3) Critical material evidence was suppressed from the Court
4) Judgment did not consider critical facts submitted by the petitioners

3/n
#Rafale #SupremeCourt #RafaleDeal #RafaleReview #RafaleScam #RafaleFiles
Read 18 tweets
This all started because the #MetPolice & #LBRUT couldn't do their day jobs properly & decided to take the law into their own hands. It started as a small cover up 12 years ago but has turned into British State Persecution.

#Skynews #BBCNews #DailyMail #Guardian #Euronews
My company was raided. It should have been a straightforward matter. But the #MetPolice & #LBRUT forgot to seize my computer & came back to do a 2nd raid. The search warrant didn't permit a second entry, however, #LBRUT entered unlawfully

#Guardian #Telegraph #DailyMail #GMB #UK
Complaints were then made to my MP #VinceCable. He liaised with the #Metpolice & #LBRUT. And then weeks later, the search warrant was completely changed & was passed off as the search warrant executed on the day of the raids.

#DailyPolitics #Libdems #Conservatives #labour #bbcdp
Read 147 tweets
This all started because the #MetPolice & #LBRUT couldn't do their jobs properly & then decided to take the law into their own hands. The result of this decision has led to events stranger than fiction

#BBCNews #Skynews #Itvnews #Channel4News #ThisMorning #TheresaMay #UKGov #LBC
My company was raided. It should have been a straightforward matter. But the #MetPolice & #LBRUT forgot to seize my computer & came back to do a 2nd raid. The search warrant didn't permit a second entry, however, #LBRUT entered unlawfully

#Guardian #Telegraph #DailyMail #GMB #UK
Complaints were then made to my MP #VinceCable. He liaised with the #Metpolice & #LBRUT. And then weeks later, the search warrant was completely changed & was passed off as the search warrant executed on the day of the raids.

#DailyPolitics #Libdems #Conservatives #labour #bbcdp
Read 145 tweets

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