Three brief comments on this piece by @davidallengreen. prospectmagazine.co.uk/magazine/how-t…
First, though it’s the sort of thing you could easily write a book about, I think he understates judicial development of administrative law in the past 2 decades (though I’d agree that the fundamental breakthroughs were made in the last part of the C20).
Second, one of the most significant areas where the courts routinely interfere in ministerial decision-making is public procurement law. That area really has grown in the last 20 years.
Brexit allows some scope for tinkering with it: but as the UK will remain in the GPA, it will remain as an area of law - and since the commercial interest in bringing cases is huge, it will remain important.
(People tend not to think of public procurement in thinking about legal constraints on ministers: but its practical day-to-day impact is huge.)
Third, David is on the nail in analysing the threat to judicial review as an executive power project.
It’s an impatience with one of the few checks and balances on our over-mighty executive, elected on a minority of the vote, and allergic to scrutiny even by a friendly Parliament.
