Judicial review can be understood as the power of the courts to declare the decisions or actions of a public body or another arm of government unlawful or unconstitutional. Parliamentary sovereignty is a fundamental principle of the British legal system, which gives the parliament powers to make and unmake laws it wishes.
With such powers, one would wonder if judicial review is applicable in the UK. Can the courts, for example, declare that a given act or decision of the parliament is unlawful? Get yourself an experienced law tutor in London for you to understand the position of judicial review in England and Wales.
According to this principle, the parliament has the power enact or repeal any law. Besides, no one, including the courts, has the power to set aside or question the decisions of parliament. Therefore, based on the principle of parliamentary sovereignty, the judiciary is supposed to apply the laws as they are, and it is not supposed to engage itself in the law making process. However, although the principle of parliamentary sovereignty is still an integral component of the British legal system, things have changed significantly in the recent past due to the rising popularity of the concept of judicial activism, the need to check the abuse of power, and the need to safeguard individuals’ rights.
Human Rights Act, 1998
This is the law that paved the way for judicial review in the UK. It was passed in accordance with The European Convention for the Protection of Human Rights and Fundamental Freedoms. Although the law does not give courts the power to set aside acts of parliament, it allowed them to interpret any law in line with the provisions of the convention. If any act of parliament is incompatible with the convention, the court can issue a formal declaration to that effect. After the court has made such a declaration, it will be up to the parliament or government to put matters right.
Overall, it is apparent that judicial review is gradually gaining grounds in the United Kingdom. If you are looking for a reliable law tutor in London to help you to fast track you course in law; Advanced Law Tutors is your best bet. Get in touch with us today for more information about our services.