Judicial review is the power of the courts to review the decisions of other public bodies, such as government departments and local authorities. This power is essential to ensure that public bodies act lawfully and within their powers. It also helps to protect individual rights and freedoms.
How does judicial review work?
Judicial review is carried out by the courts through a process known as certiorari. This process involves the court issuing an order to the public body concerned, requiring it to send the relevant documents to the court. The court will then review the documents and the decision made by the public body.
The court may quash the decision if it finds that it was unlawful. This means that the decision is invalid and has no legal effect. The court may also make a declaration that the decision was unlawful. This does not quash the decision, but it does provide a clear statement of the law.
What are the benefits of judicial review?
There are many benefits to judicial review. These include:
- It ensures that public bodies act lawfully. Judicial review helps to ensure that public bodies do not abuse their powers or act outside of their legal authority. In 2022, for instance, the courts quashed a decision by the Home Secretary to deport a foreign national because it was found to be unlawful.
- It protects individual rights and freedoms. Judicial review can be used to challenge decisions that infringe on individual rights and freedoms. For example, in 2021, the courts quashed a decision by the police to search a person’s home without a warrant.
- It promotes transparency and accountability. Judicial review helps to promote transparency and accountability in public bodies. By requiring public bodies to justify their decisions to the courts, judicial review helps to ensure that they are accountable for their actions.
- It strengthens the rule of law. Judicial review helps to strengthen the rule of law by ensuring that everyone is subject to the law, including public bodies.
How can I apply for judicial review?
If you believe that a public body has acted unlawfully, you may be able to apply for judicial review. To do this, you will need to file an application with the court. The application must set out the grounds for your challenge and the relief that you are seeking.
The court will then consider your application and decide whether to grant you permission to proceed with the judicial review. If permission is granted, the court will hold a hearing to consider the merits of your case.
Conclusion
Judicial review is an important tool for ensuring that public bodies act lawfully and within their powers. It also helps to protect individual rights and freedoms. If you believe that a public body has acted unlawfully, you may be able to apply for judicial review.
