What Is Judicial Review? A Level Law Explained

Judicial review is the process by which a court checks whether a public body has acted lawfully. It focuses on how a decision was made, rather than asking the court to make the decision again. For A Level Law, it is especially important as a way to challenge public authorities whose actions may breach human rights.

What can the court check?

Public bodies include government departments and local councils. A person affected by one of their decisions can ask the High Court to review it. Common grounds include illegality (acting beyond legal powers), irrationality (making a decision no reasonable authority could make) and procedural impropriety (failing to follow a fair process).

In a human rights challenge, the court may also consider proportionality: whether an interference with a right goes further than necessary to achieve a legitimate aim. Under the Human Rights Act 1998, it is generally unlawful for a public authority to act incompatibly with a Convention right, subject to exceptions such as where primary legislation requires the action.

Example

Suppose a council bans all peaceful demonstrations in a public park. Someone affected could seek judicial review, arguing that the ban interferes with freedom of expression and peaceful assembly. The court would examine the council’s legal powers and whether the restriction is justified and proportionate. The ban is not automatically unlawful: the circumstances and the council’s reasons matter.

If a challenge succeeds, the court might quash the decision, meaning it no longer has legal effect. The council may then have to reconsider it lawfully. A common exam mistake is to say that judicial review lets judges replace every public decision with their preferred one. It does not. Nor can a court simply strike down an Act of Parliament because it conflicts with a Convention right.