Judicial Review

Question 1

What is judicial review?

Answer 1

Judicial review is the process by which courts examine the lawfulness of actions taken by public authorities or government decisions.

Question 2

How is judicial review viewed in the constitution?

Answer 2

There is no fixed place for judicial review in the constitution; its role varies and often intersects with the separation of powers, sovereignty of Parliament, accountability, and the rule of law.

Question 3

What is the purpose of judicial review?

Answer 3

Judicial review ensures that government actions comply with the rule of law and the intentions of Parliament, ensuring that public authorities do not act beyond their legal powers (ultra vires).

Question 4

What are the main reasons for judicial review reform?

Answer 4

Reform is driven by the desire to address the relationship between the Government, Parliament, and the Courts, as outlined in the Conservative manifesto (2019) and the Independent Review of Judicial Review (2021), which suggested changes like statutory recognition of suspended quashing orders.

Question 5

What are some of the key reforms in judicial review?
A: Reforms under the Judicial Review and Courts Act 2022 include:

Answer 5

-Discretion to suspend quashing orders.
-Discretion to provide prospective remedies.
-Removal of Cart judicial reviews (decisions on Upper Tribunal appeals).
-Infrastructure planning and judicial review reforms.

Question 6

How is the intention of Parliament related to judicial review?

Answer 6

Judicial review ensures that Parliament acts in accordance with the rule of law, as underscored by the principle of “ultra vires” — ensuring that actions of public authorities comply with their legal powers.

Question 7

Why is judicial review considered constitutional?

Answer 7

Judicial review is constitutionally important as it ensures the rule of law is upheld, as outlined in the Human Rights Act and through the devolution framework.

Question 8

What is the purpose of judicial review according to Lord Diplock in the GCHQ case?

Answer 8

Judicial review provides a means by which judicial control of administrative actions is exercised.

Question 9

What are the statistics on judicial review cases in the UK?

Answer 9

-2024: 2,955 total cases lodged, 76 cases reached final hearing.
-2023: 2,536 total cases lodged, 186 reached final hearing.
-2022: 2,450 total cases lodged, 274 reached final hearing.
-Immigration cases make up the largest category of judicial review claims.