Essay On Judicial Review

The aim of rule of law is to ensure that public officials and authorities exercise the powers conferred on them in accordance with the law, without exceeding the constitutional limits of such powers put in place by Parliament. Two of the most central means by which the rule of law is enforced are through judicial review and human rights law. Both act as agents of the rule of law by controlling the power of the state and protecting the rights and freedoms of its citizens. Over the course of this I essay I will first establish the procedures and principles of judicial review. I will then argue that the current procedures and principles in place are not entirely effective or sufficient for the benefit of the individual and therefore in need of being reformed. Finally, I will outline the principles & procedures of human rights law and argue that though Parliament has intended well with the incorporation of the European Convention on Human Rights (ECHR) into domestic law , there are sizeable gaps that are yet to be determined and, as such, noticeable failings with regards to the accessibility of justice. Judicial review is a procedure by which an individual or interest group challenges the legality of a decision made by a public body. In other words, it provides “legal redress …show more content…
However, aside from this critical function, judicial review also limits the scope of those challenges by limiting who can bring a claim and limiting which decisions can be reviewed. In the current construction of judicial review, a challenge against a public authority’s decision can only be brought forward by the courts where an interested party has made an application for redress. The courts are unable to challenge these decisions of their own