11.1.1 What is Judicial Review - Introduction

Welcome to the eleventh topic in this module guide – What is Judicial Review! During the late twentieth century, the government’s role expanded; they begun to deal with areas that they previously had no interaction with. After the welfare state had been established there were new roles within education, immigration, housing and health. There was, therefore, a greater possibility for the government to come into conflicts with individuals. As a result of this, the ideologies of judicial review were established during the 1960s in the House of Lords with Lord Reid at the forefront.

Part 54.1 of the Civil Procedure Rules defines judicial review. Judicial review is a sort of court proceeding whereby a judge reviews the lawfulness of a decision or action, or a failure to act, by a public body. One of the foremost objectives of judicial review is to hold the government accountable; this means the controlling, checking or regulating of the government. Judicial review is begun in the Administrative court by organisations or individuals affected by the exercise of state power.

Below are some goals and objectives for you to refer to after learning this section.

Goals for this section:

  • To understand what judicial review is.
  • To be able to identify the grounds for judicial review.
  • To understand the link between judicial review and the constitution.

Objectives for this section:

  • To be able to distinguish between judicial review and appeal proceedings.
  • To be able to analyse the effectiveness of judicial review.
  • To be able to appreciate how the Human Rights Act 1998 and judicial review intertwine.

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