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Prevention of Terrorism Bill

Part of the debate – in the House of Commons at 6:30 pm on 10th March 2005.

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Photo of Robert Marshall-Andrews Robert Marshall-Andrews Labour, Medway 6:30 pm, 10th March 2005

Precisely. [Laughter.] I hope that hon. Members realise that this is not a flippant point but a serious one. Of course the judge must look at the reasons. Having done so, a judge may think that he would not have acted in the same way, or that what the Secretary of State did was wrong, or that his decision was wrong. Nevertheless, what he must conclude is that the decision was obviously flawed, and he must do so applying the principles of judicial review. Judicial review comes from the prerogative writs—ancient writs in this country—which were always and deliberately set out on the basis that judges should not question decisions taken by the Executive—quite right, too. Hear, hear; I agree—they should not. That is the basis of judicial review. That is its whole life and mainspring in the legal system.