Judicial Review of Order in Council

R (on the application of Barclay and another) v Secretary of State for Justice and others (Attorney General of Jersey and the States of Guernsey intervening) [2014] UKSC 54, [2014] All ER (D) 258 (Oct) NLJ 5 December

The Administrative Court made a declaration that the decision of the Standing Committee of the Privy Council for the Affairs of Jersey and Guernsey, which had recommended the approval of the passing of a law in Sark, had been an unlawful decision in that, in certain respects, it was incompatible with the European Convention on Human Rights (ECHR). The Supreme Court held that, as a general proposition, the courts of the UK did have jurisdiction judicially to review an Order in Council which was made on the advice of the UK government, but that, in the present case, the court should not have exercised that jurisdiction.