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Judicial review as

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    Judicial review  as Judicial review as Presentation Transcript

    • Judicial Review
    • Meaning• Process of scrutinising actionsundertaken by the legislature,executive and other tiers ofgovt (includes state govts inUS).• Interpretative power of thejudiciary
    • 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.
    • • UK courts lack the power tostrike down legislation –parliamentary sovereignty• Cannot pronounce on the meritsof legislation
    • • Matters of policy and matters oflawfulness.• May impose limitations on theirown powers; executive actionsmade under royal prerogative.
    • • Matters of policy and matters oflawfulness.• May impose limitations on theirown powers; executive actionsmade under royal prerogative.