Judicial reviews: a decision that’s best left to judges ~ Joshua Rozenberg, The Guardian, Wednesday 10 December 2014.
The justice secretary wants to restrict access to judicial reviews, but judging the lawfulness of executive action should not be a matter for the executive.
The CIA’s post-9/11 interrogation programme was “authorised by the highest levels of the US government [and] judged legal by the justice department,” according to José Rodriguez, the former CIA officer responsible for it. It was a telling response to reports of the Senate intelligence committee’s inquiry into torture. Whatever we did, Rodriguez was arguing, it must have been legal because government officials had said it was.
In the UK, such decisions are taken by judges – even when it’s the actions of the intelligence services that come under scrutiny. There’s a lot that can be said against the Investigatory Powers Tribunal (IPT) but…
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