Description of the legal term Judicial Review:
Judicial review in the British legal system refers to a process by which the courts have the power to review the decisions, actions, or omissions of public bodies and officials to determine whether they are lawful. This encompasses assessing the decisions made by government ministers, local authorities, and other regulatory bodies. The fundamental principle behind this mechanism is to ensure that these entities exercise their powers within the scope of the law and according to the principles of fairness, rationality, and proportionality.
The process involves the High Court, primarily through its Queen’s Bench Division, examining the challenged action to see if it was made in accordance with the powers granted to the body and whether proper procedures were followed. If the court finds the action unlawful, it can provide various remedies such as quashing the decision, mandatory orders commanding an act to be done, prohibitory orders preventing an action, or a declaration as to the rights of the parties.
To bring a case for judicial review, the claimant must show they have sufficient interest (locus standi) in the matter and must typically do so within a strict time limit—usually within three months from the date of the decision or action. Moreover, before the court will hear the matter, the claimant must obtain ‘leave’ (permission) to proceed; this initial stage filters out applications that are unmeritorious, vexatious, or have no realistic chance of success.
An important concept underpinning judicial review is that the court does not substitute its decision for that of the public body (it is not appellate). Instead, the court focuses on the process by which the decision was made, assessing whether it was done legally, and not on the merits of the outcome itself. Thus, even if a decision or action appears unjust, it will not be subject to remediation through judicial review unless it was reached unlawfully.
The legal bases for judicial review are primarily found in common law, although certain aspects may stem from statute. The common law bases include illegality (acting beyond one’s powers), irrationality (also known as Wednesbury unreasonableness), and procedural impropriety. Additionally, a violation of the Human Rights Act 1998 can be grounds for a review if a public body has made a decision that infringes on the rights enshrined in the European Convention on Human Rights.
Legal context in which the term Judicial Review may be used:
Two seminal examples can be used to illustrate the application of this mechanism. Firstly, in the case of Council of Civil Service Unions v Minister for the Civil Service (1985), commonly known as the “GCHQ case,” the government’s decision to ban union membership at the Government Communications Headquarters (GCHQ) was challenged. The House of Lords (now replaced by the Supreme Court) confirmed that national security concerns could limit judicial scrutiny, demonstrating the balance between the courts’ power to review and matters deemed out of bounds due to substantial government interests.
Secondly, the case R (on the application of Miller) v The Prime Minister (2019) is a more recent and notable example, where the Supreme Court reviewed the Prime Minister’s advice to the Queen to prorogue Parliament for an extended period. The court unanimously held that the advice was unlawful as it had the effect of frustrating or preventing the ability of Parliament to carry out its constitutional functions without reasonable justification.
These cases highlight the importance of this legal device as a means of upholding the rule of law and maintaining a check on the powers of the executive. Through the court’s intervention, the government and public bodies are held accountable for their actions, contributing to a just and fair society where the legal limits of power are respected and enforced.
The doctrine of this legal tool reminds us of the essential balance between different branches of government and acts as a guardian ensuring that public power is exercised responsibly. Its role is pivotal in upholding the principles of good governance and ensuring that legality and the rule of law pervade public administration within the United Kingdom’s democratic framework.
