Judicial review as

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Judicial review as

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

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