Tag Archives: gassing

The Legality of Badger Gassing

Prof David Campbell

In responses to excellent comments made on an earlier blog about the pilot badger culls, I have given it as my opinion that the prospects for successful judicial review of those culls are poor. This opinion is based on the nature of judicial review and is not in any way a substantive defence of the culls or the policy of ‘eradicating’ bTB that lies behind them. This policy is irrational in every sense other than the sense which guides judicial review, and the culls have been so completely a failure that I do think their continuation in their present form, and certainly their extension in that form to other parts of the UK, could be subject to successful judicial review. The definition of insanity attributed to Einstein – of repeating the same action in the expectation of a different result – has become very clichéd, but this is only because, as with all the clichés one cannot avoid using, it is profoundly true. To go on with these pilot culls without very substantially amending them, or to extend them in their present state, would, in my opinion, invite judicial review that had a real prospect of success.

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