Second-guessing policy choices: the rule of law after the supreme court's unison judgement

Document type
Laws, Stephen
Policy Exchange
Date of publication
14 March 2018
Social Policy, Employment
Social welfare
Material type

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In the UNISON case, the Supreme Court quashed the Government’s use of its statutory power to impose fees for employment tribunal proceedings. It ruled that the fees were unlawful because the level at which they had been set had the effect in practice of limiting access to justice. The judgment has been widely hailed as a victory for access to justice and another case in which courts have defended the rule of law from the executive. In this new paper for Policy Exchange’s Judicial Power Project, former First Parliamentary Counsel Sir Stephen Laws argues that the Supreme Court should not have taken on this policy question.

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