Jeffrey Jowell Judicial Review Flashcards
What role do courts play in judicial review according to Jeffrey Jowell?
Jowell emphasizes that courts in judicial review define the essential characteristics of a constitutional democracy, including protecting zones where individual democratic rights are safeguarded from governmental interference.
How does Jeffrey Jowell describe the shift in democratic models?
Jowell notes a shift in democratic models from pure majority rule to a system characterized by limited government, where individual rights and constitutional entitlements are protected.
What limitations does Jowell point out about the rule of law?
Jowell points out that the rule of law has limitations in fully encompassing constitutional entitlements such as rights to life, association, family life, marriage, expression, and substantive equality.
According to Jowell, what happens when a Convention right is violated?
Jowell states that when a Convention right is violated, the burden of proof shifts to the decision-maker to justify the infringement, indicating a significant change in the accountability of government actions.
How has the requirement for decision-makers changed in light of Jowell’s observations?
According to Jowell, decision-makers can no longer rely solely on the traditional Wednesbury reasonableness test; they must explicitly justify their decisions when they impinge on recognized rights.
