Badgers and Bovine Tuberculosis: The Relationship Between Law, Policy and Science

ISSN： 1464-374X

Source： Journal of Environmental Law, Vol.24, Iss.1, 2012-03, pp. : 145-154

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Abstract

The UK Court of Appeal, in Badger Trust v Welsh Ministers, was called upon to review the legality of a proposed policy of badger culling in Wales. The reasoning of the Court will be evaluated as a means of exploring the relationship between law, policy and science. In particular, the extent to which science is able to define and confine the parameters of available policy options will be considered in light of the Animal Health Act 1981, section 21. Where legislation implicitly creates a requirement to produce affirmative scientific evidence as a condition precedent of administrative action, then science is indeed able to curtail political choice. However, it will be argued that the ability of science to operate in this manner is undermined, first, by the very nature of scientific discourse, where evidence is frequently contested and open to interpretation, and second, by the Court's traditional deference to administrative discretion in cases of a technical nature.