Judicial Review

Meaning

• Process of scrutinising actions undertaken by the legislature, executive and other tiers of govt (includes state govts in US).

• Interpretative power of the judiciary

Powers

• Have the power to interpret the meaning of parliamentary statutes once passed

• Can review the administrative actions of the executive branch (ministers and others). Ultra vires – beyond legal power.

• Flexible or literal – follow the letter of the law or the intention of the law

• Courts have used this power at times sparingly (judicial restraint) & frequently (judicial activism).

• UK – in recent decades growth in judicial activism – more willing to review & quash ministerial actions. Enlarged by 4 developments – EU membership (can suspend a statute which breaches EU law), Human Rights Act, devolution and the creation of the Supreme Court.

• UK courts lack the power to strike down legislation –parliamentary sovereignty

• Cannot pronounce on the merits of legislation

• Matters of policy and matters of lawfulness.

• May impose limitations on their own powers; executive actions made under royal prerogative.