Judicial Review

This lesson examines judicial review — one of the most important mechanisms by which the judiciary holds the executive to account. Judicial review allows courts to assess whether decisions made by public bodies are lawful, ensuring that the government acts within the boundaries of the law. This is a central topic in the Edexcel A-Level Politics specification.

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What Is Judicial Review?

Judicial review is the process by which courts examine the decisions, actions, or omissions of public bodies — including government ministers, local authorities, and public agencies — to determine whether they are lawful.

Crucially, judicial review does NOT assess whether a decision was wise, fair, or good policy. It assesses only whether the decision-maker:

• Had the legal power to make the decision
• Exercised that power properly and fairly
• Did not act in a way that was irrational or disproportionate

Key Term: Judicial review is the process by which courts determine whether a public body has acted within its legal powers and followed proper procedures.

If a court finds that a public body acted unlawfully, it can quash (cancel) the decision, require the body to reconsider, or prohibit a future action.