Judicial review

Judicial review is the power of senior judges to review the actions of government and public authorities, declaring them unlawful if they have exceeded their authority. Judicial review is a process that enables judges to step into politics and override the decisions and laws of governments.

The courts have a right to monitor and change implemented laws. Judicial review may also involve reviewing on appeal cases heard previously at lower courts. In the UK, the relevance of judicial review has recently increased , while in the US it has given much control to judges, who have become powerful and influential.

In the UK, a person who feels that an exercise of power by a government authority, such as a minister, the local council or a statutory tribunal, is unlawful, perhaps because it has violated his or her rights, may apply to the Administrative Court (a division of the High Court) for judicial review of the decision and have it set aside and possibly obtain damages.

In the USA, judges have far-reaching powers of judicial review because of the existence of a codified constitution. Judges can declare government’s actions to be ‘unconstitutional’ if they conflict with the provision of the constitution.

The use of judicial review is controversial. It has proved to be an important way in which judges can protect civil liberties and ensure that ministers do not act in ways that are illegal, improper, irrational or simply disproportional. On the other hand, the growth of judicial activism has been criticized because it allows judges to make policy and to challenge the authority of elected governments.

That's what I think,

MANU