Leaving Legislation to the Legislature

Abstract

Can a decision to introduce legislation to a devolved legislature be subject to review on procedural grounds? That was the primary question which the Divisional Court considered in R (The Greyhound Board of Great Britain Ltd) v The Welsh Ministers. The claimant complained that the Deputy First Minister had acted unlawfully in deciding to ban greyhound racing, and later amended its claim to include the decision to introduce legislation to that effect. Perhaps unsurprisingly, the challenge failed. This was an issue in which the Divisional Court was unwilling to intervene.