Judicial Control of the CAC

This article both analyses the courts' decisions on applicationsfor judicial review of CAC determinations under the trade unionrecognition procedure in Schedule A1 to the Trade Union andLabour Relations (Consolidation) Act 1992 from 2000 to 2006and compares this body of case law with the courts' decisionsin the late 1970s and early 1980s on applications for judicialreview of both decisions of ACAS under the recognition procedurein the Employment Protection Act 1975 and decisions of the CACunder various legislative provisions in that earlier period.It suggests that there is a marked difference in judicial approachand that this reflects a difference in the policies underlyingthe legislation of the two periods, with the more radical aimsof the earlier period attracting a less sympathetic and moreinterventionist judicial response than has been evident in relationto the Schedule A1 recognition procedure.