Judicial Review

Definition

Judicial review is the power of courts to assess whether a law, policy, or action by the government is constitutional and to invalidate those that are not. This mechanism plays a crucial role in maintaining the balance of power between branches of government and protecting individual rights within the legal framework.

5 Must Know Facts For Your Next Test

1. Judicial review in the UK has evolved primarily through case law rather than being explicitly stated in a single piece of legislation, making it somewhat less formalized compared to other countries.
2. The Human Rights Act 1998 has enhanced the judiciary's role in reviewing legislation for compatibility with rights outlined in the European Convention on Human Rights.
3. The Supreme Court of the United Kingdom serves as the highest court in the land, with ultimate authority on matters involving judicial review, impacting both government actions and legislative validity.
4. Judicial review is an essential part of upholding the rule of law, ensuring that all governmental actions are subject to legal scrutiny and protecting citizens from arbitrary governance.
5. Cases involving judicial review often address the legality of decisions made under the royal prerogative, showcasing its importance in maintaining constitutional checks on power.

Review Questions

• How does judicial review function as a mechanism for protecting individual rights and upholding constitutional principles?
  • Judicial review serves as a critical tool for protecting individual rights by allowing courts to evaluate government actions against constitutional standards. When a law or government policy is challenged, courts can assess its legality and compatibility with fundamental rights. This process reinforces constitutional principles, ensuring that citizens are safeguarded from unlawful actions while promoting accountability within the government.
• Discuss the relationship between judicial review and parliamentary sovereignty in the UK context.
  • Judicial review and parliamentary sovereignty are interconnected yet sometimes at odds in the UK. While Parliament is considered sovereign and can create or repeal any law, judicial review allows courts to evaluate those laws against constitutional standards or human rights obligations. This means that even though Parliament has extensive legislative power, judicial review ensures that its laws do not violate established constitutional norms, creating a balance between legislative authority and judicial oversight.
• Evaluate the impact of judicial review on modernizing the UK constitution and its implications for democratic governance.
  • Judicial review plays a pivotal role in modernizing the UK constitution by adapting legal interpretations to contemporary societal values and human rights standards. As society evolves, judicial review enables courts to reassess existing laws and governmental actions, fostering an environment where individual rights are prioritized alongside democratic principles. This ongoing evolution challenges traditional notions of parliamentary sovereignty and calls for a more dynamic relationship between legislative bodies and the judiciary, ultimately shaping a more responsive and accountable system of governance.

Related terms

Constitutional Supremacy:

The principle that the constitution is the highest law of the land, and any law or action contrary to it is deemed invalid.

Separation of Powers: The division of government responsibilities into distinct branches to prevent any one branch from exercising the core functions of another.

Common Law: Law developed by judges through decisions of courts and similar tribunals, as opposed to statutes enacted by legislatures.