Chapter 2
IN THIS LESSON
What is Judicial Review?
A Judicial Review (JR) is a legal process where a judge reviews whether a decision made by a public body — like a government department, local council, or police force — was lawful.
It's not about whether the decision was good or bad — it’s about whether the public body acted within the law.
Why It Matters
Judicial Reviews are a critical tool for holding power to account. They’ve been used to:
Challenge unfair immigration decisions
Stop unlawful government contracts
Defend protest rights
Protect access to housing, healthcare, or education
Question how new laws are implemented
When Parliament can’t act fast enough — and politics gets stuck — Judicial Review can step in.
What Can Be Challenged?
You can ask for a JR if a public authority:
Acts unlawfully — for example, outside the powers given by law
Acts irrationally — a decision so unreasonable no reasonable body could make it
Acts unfairly — such as denying a fair hearing, or failing to consult affected people
Breaches human rights — violating the Human Rights Act or international obligations
The Process (Simplified)
1️⃣ Pre-Action Letter – Write to the public body explaining the issue and asking for a resolution
2️⃣ Permission Stage – A judge decides if the case can proceed
3️⃣ Judicial Review Hearing – A judge hears arguments from both sides
4️⃣ Judgment – The court may declare the decision unlawful, and the body must reconsider or act differently
⏳ You usually only have 3 months from the date of the decision to act — it’s fast-moving.
Who Can Apply?
Individuals affected by the decision (e.g. denied benefits or asylum)
Charities or NGOs (on public interest grounds)
Community groups (e.g. over planning decisions or school closures)
Legal representatives on behalf of others
Points of Influence
Before JR Starts > Gather evidence, seek legal advice, raise awareness or crowdfunding
During Permission Stage > Share public support for case (if appropriate) — media, petitions, briefings
After Judgment > Campaign for follow-up action or reforms based on ruling
Policy Phase > Use JR outcomes to demand policy change or influence future legislation
High-Profile Example
R (Miller) v The Prime Minister (2019):
The Supreme Court ruled that Boris Johnson’s proroguing of Parliament was unlawful. This was a Judicial Review that upheld parliamentary sovereignty and limited executive power.
Things to Remember
JR doesn’t award compensation — it’s about changing or reversing decisions
It’s not a political tool — it’s a legal safeguard
You’ll often need specialist legal advice — but many charities and campaigners help guide this process
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The Judiciary >