1. Judicial Review

2. Meaning
• Process of scrutinising actions
undertaken by the legislature,
executive and other tiers of
govt (includes state govts in
US).
• Interpretative power of the
judiciary

3. Powers
• Have the power to interpret the meaning of
parliamentary statutes once passed
• Can review the administrative actions of the executive
branch (ministers and others). Ultra vires – beyond legal
power.
• Flexible or literal – follow the letter of the law or the
intention of the law
• Courts have used this power at times sparingly (judicial
restraint) & frequently (judicial activism).
• UK – in recent decades growth in judicial activism –
more willing to review & quash ministerial actions.
Enlarged by 4 developments – EU membership (can
suspend a statute which breaches EU law), Human
Rights Act, devolution and the creation of the Supreme
Court.

4. • UK courts lack the power to
strike down legislation –
parliamentary sovereignty
• Cannot pronounce on the merits
of legislation

5. • Matters of policy and matters of
lawfulness.
• May impose limitations on their
own powers; executive actions
made under royal prerogative.

6. • Matters of policy and matters of
lawfulness.
• May impose limitations on their
own powers; executive actions
made under royal prerogative.