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GCSE Citizenship Studies · key term
A court process examining whether a public body made a decision lawfully, fairly and within its powers, rather than whether its policy was politically desirable.
Used by AQA and Edexcel
Paper 1
Revise: Contributing to Parliamentary DemocracyJudicial review examines the lawfulness of a public decision, not simply whether a judge agrees with the policy. The Human Rights Act 1998 also enables people to challenge unlawful interference with protected rights in UK courts. Legal challenges can have powerful effects, but may be costly, slow and require specialist advice.
Paper 1, Paper 2
For judicial review, explain that courts check lawfulness, not simply whether a policy is popular or a good idea. Do not claim that judges can overturn Acts of Parliament.
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A court proceeding in which a judge reviews the lawfulness of a public body's decision or action, rather than simply deciding whether its outcome was desirable.
Judicial review allows courts to examine whether a public body has acted lawfully.
