Thread by @syrpis

A quick thread on football and the law; VAR and judicial review; or, if you will, Callum Hudson-Odoi and Shamima Begum.

There are, first, a lot of (superficial) similarities, and, then a lot of important differences (as you might well imagine). 1/11

Both VAR and judicial review involve some sort of external oversight (via the courts and Stockley Park) over decision-makers (referees and the Govt). 2/11

In both, there are questions about the deference which should be accorded to the decision-maker - or the intensity of review. Are we only interested in 'clear and obvious' errors? 3/11

In both, there are questions about the scope of review - which decisions should be subject to review, and which should be outside the jurisdiction of VAR and the courts. Is 'national security' to be determined by Ministers absent judicial scrutiny? 4/11

In both, there are (uncomfortable) distinctions made between questions of fact and questions of law and opinion (was it a handball involves did it touch his hand, was it deliberate, was the arm in a natural position, etc) 5/11

In both, there are issues with the timeliness of decisions (though I'm not sure I've heard arguments to the effect that the availability of judicial review ruins the spontaneity of Govt decision-making). 6/11

VAR promises 'minimum intervention - maximum benefit' (see attached, and the 'further VAR reading'). I guess opinion is divided as to whether it has delivered.
premierleague.com/news/1297352 7/11

But, before the Policy Exchange gets too excited, let me turn to the obvious differences.

First, with apologies to Bill Shankly, the stakes are obviously higher in judicial review. It is more important that the decisions are right. 8/11

Second, the courts act as a check on the Govt, ensuring that it is kept within the limits of the law. The Govt might look to exceed its powers. The courts check that it does not do so. 9/11

The relationship between the referee and the VAR officials is very different. They are all referees. There is no constitutional dimension, or concerns about abuses of power (but, per Ole Gunnar Solksjaer at least, there may be 'outside influences'). 10/11

I have other thoughts - about the giving of reasons, and about the power of VAR to take the decision out the referee's hands - but I feel like there's more than enough already. END 11/11