Judicial review cases 'enormous challenge' to courts

The explosion in judicial review cases over the last six years represents an enormous challenge for the Courts and could have major implications for regulatory efficiency and public administration, it was warned today.

Sean Barton, a partner with solicitors McCann FitzGerald was speaking at the launch of the firm's new publication for State bodies and public servants, "Public Law News", at the Public Affairs Ireland Conference in Dublin.

Mr Barton said that the number of applications for judicial review in the High Court had practically doubled between 1998 and 2001 and had virtually doubled again in the two years to 2003.

About 1,700 applications a year were now coming before the High Court.

"This massive increase presents an enormous challenge to the Courts. Judicial review cases need to be dealt with as quickly as possible, because delay has negative impacts on regulatory efficiency and more widely on the general public administration," Mr. Barton warned.

Mr Barton said judicial review was a necessary control to prevent or prohibit regulators or agencies from misusing or going beyond their powers.

"The right of affected persons to challenge controversial decisions in the Courts must always be respected. However, the increasing numbers of Court challenges to the decisions of regulators and agencies risk creating unjustified public doubts about the reliability of public decision-making, while adding to the cost burden of the Exchequer in meeting all of these cases."