Public Interest Litigation and the Civil Society Factor

This article explores civil society organisations’ (CSOs) participation in judicial review proceedings. This became contentious when the Ministry of Justice announced that it intended to reform the judicial review process, and suggested changes to the law on standing and third party interventions (Ministry of Justice Judicial Review: Proposals for Further Reform London: TSO 2013, Cm 8703). Ultimately, the Criminal Justice and Courts Act 2015 did not amend the law in these areas, but has arguably made it more difficult for CSOs to engage in public interest litigation. Attempts to restrict the access of CSOs, to judicial review, need to be seen in the context of the shifting relationship between CSOs and the state, and differing perspectives on their function. If CSOs are to continue to take part in judicial review cases they need to justify their presence in terms of their expertise and on the ground knowledge. It is argued that deliberative, dignitarian, and more general theories about the nature of civil society may well establish a basis for CSOs’ continued presence in judicial review litigation.