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Tribunals, Courts and Enforcement Bill [HL]

My Lords, I support Amendments Nos. 1 and 2. Judicial review is a discretionary remedy, in which the powers of the upper tribunal are set out in Clause 12. The exercise of such powers requires judicial expertise, as proposed by these amendments, as a safeguard for due administration. Statutory provision as judicial review, which this is, in no way alters the essence of the discretion, which goes to the root of the grant of leave and the grant of relief on substantive hearing. There is no entitlement to grant of leave and no entitlement to relief on hearing. This form of judicial relief, taken from the old prerogative writs, has been developed since the last war, which was not so long ago, in a form of administrative law by judge-made decision in the High Court and the Court of Appeal, and will no doubt continue to do so. We are concerned here with a point of law. True, if proportionality arises—which can, but need not, be a point of law—the facts must come into consideration. That is a matter of very expert judicial attention, not to be exercised by anyone other than a High Court judge or a member of the Court of Appeal. It is not always understood, so I shall say so, that this process is not an appellate process. It is not concerned with the merits, but with what is, in a sense, a technical, procedural question in which this expertise, as proposed in these amendments, is wholly essential.