Judicial Control of the CAC
Abstract
This article both analyses the courts' decisions on applications for judicial review of CAC determinations under the trade union recognition procedure in Schedule A1 to the Trade Union and Labour Relations (Consolidation) Act 1992 from 2000 to 2006 and compares this body of case law with the courts' decisions in the late 1970s and early 1980s on applications for judicial review of both decisions of ACAS under the recognition procedure in the Employment Protection Act 1975 and decisions of the CAC under various legislative provisions in that earlier period. It suggests that there is a marked difference in judicial approach and that this reflects a difference in the policies underlying the legislation of the two periods, with the more radical aims of the earlier period attracting a less sympathetic and more interventionist judicial response than has been evident in relation to the Schedule A1 recognition procedure.