Is ‘Judicial Review’ a beneficial procedure? | Hudson McKenzie

Is ‘Judicial Review’ a beneficial procedure?

The use of ‘Judicial Review’ can be a powerful tool when used appropriately – so what exactly is it and is it beneficial?

What is ‘Judicial Review’?

‘Judicial review’ is a type of court proceeding that can ultimately save a case if successful. Through Judicial review, a judge will review a case decision in respect of its lawfulness, rather than whether the decision made was right or wrong in itself.

By doing so, the judge will ultimately decide whether the correct processes were followed when the decision was made, as a way of determining the lawfulness of the decision. From this, the same decision may be made again by a public body, as long as it is done so in a lawful way.

Therefore, any cases that are argued to be ‘incorrect’ in their final decision may not seek judicial review as a remedy, as the notion of correctness is removed from the reviewing of the case, in favour of what is lawful.

What decisions are likely to use ‘Judicial Review’?

  • Decisions involving local authorities; specifically regarding welfare benefits and education.
  • Decisions of Immigration Authorities
  • Decisions of Regulatory Bodies
  • Decisions in relation to a prisoners Rights.

What can the court do with the authority for ‘Judicial Review’?

Any court with the authority for judicial review will have the power to invalidate the following, if any actions are found incompatible with a higher authority:

  • Invalidate laws
  • Invalidate governmental actions
  • Invalidate executive decisions

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