Your SlideShare is downloading. ×
Judicial review  as
Upcoming SlideShare
Loading in...5
×

Thanks for flagging this SlideShare!

Oops! An error has occurred.

×
Saving this for later? Get the SlideShare app to save on your phone or tablet. Read anywhere, anytime – even offline.
Text the download link to your phone
Standard text messaging rates apply

Judicial review as

467
views

Published on

Published in: Sports

0 Comments
0 Likes
Statistics
Notes
  • Be the first to comment

  • Be the first to like this

No Downloads
Views
Total Views
467
On Slideshare
0
From Embeds
0
Number of Embeds
6
Actions
Shares
0
Downloads
6
Comments
0
Likes
0
Embeds 0
No embeds

Report content
Flagged as inappropriate Flag as inappropriate
Flag as inappropriate

Select your reason for flagging this presentation as inappropriate.

Cancel
No notes for slide

Transcript

  • 1. Judicial Review
  • 2. Meaning• Process of scrutinising actionsundertaken by the legislature,executive and other tiers ofgovt (includes state govts inUS).• Interpretative power of thejudiciary
  • 3. Powers• Have the power to interpret the meaning ofparliamentary statutes once passed• Can review the administrative actions of the executivebranch (ministers and others). Ultra vires – beyond legalpower.• Flexible or literal – follow the letter of the law or theintention of the law• Courts have used this power at times sparingly (judicialrestraint) & frequently (judicial activism).• UK – in recent decades growth in judicial activism –more willing to review & quash ministerial actions.Enlarged by 4 developments – EU membership (cansuspend a statute which breaches EU law), HumanRights Act, devolution and the creation of the SupremeCourt.
  • 4. • UK courts lack the power tostrike down legislation –parliamentary sovereignty• Cannot pronounce on the meritsof legislation
  • 5. • Matters of policy and matters oflawfulness.• May impose limitations on theirown powers; executive actionsmade under royal prerogative.
  • 6. • Matters of policy and matters oflawfulness.• May impose limitations on theirown powers; executive actionsmade under royal prerogative.

×