Ouster clauses that prevent judicial review have rarely been accepted by the courts, the opinion states. The legal advice from Macdonald, a former director of public prosecutions, says the act does not give ministers latitude to miss the target deliberately, and that it admits of no exception and leaves no ambiguity. Johnson was criticised repeatedly for the move by Conservative MPs in the Commons. It also says that passages in the act that make ministers solely accountable to parliament and not the courts does not preclude a judicial review. Speaking in the Commons about the review, Mitchell said the government was in danger of breaking the law.
Mitzel is a former member of parliament.
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