Beautiful Virgin Islands

Friday, Aug 15, 2025

Why does the government want to reform judicial review?

Why does the government want to reform judicial review?

Tory ministers have long been unhappy with wide-ranging court powers to challenge the legality of their actions

The justice secretary, Dominic Raab, is planning to make it harder to succeed in judicial reviews against the government, a leaked document suggests. But what is judicial review and why is the government determined to reform it?

What is judicial review?


A judicial review is a court proceeding in which a judge examines the lawfulness of an action or a decision of a public body such as the government, a local council, police force or NHS trust. It involves a claimant challenging the way a decision has been reached by an official or minister and determining whether that person made a mistake in law in reaching the decision.

Why is the government unhappy about judicial review?


Ministers have not taken kindly to losing cases or even to being challenged. There have been attacks on “lefty lawyers” and allegations that judges have overreached. Two of the most notorious judicial reviews to go against the government were related to Brexit, on whether it could trigger article 50 and the prorogation of parliament respectively. More recently, it has been angry about the challenge to its policy to send some migrants to Rwanda.

What has it sought to do about it?


In its last election manifesto the Conservative party pledged to end “abuse” of judicial review. The government handpicked a panel of six experts to conduct a review of it but was accused of distorting their findings. While the panel asserted the importance of judicial review and advised against “far-reaching legislation”, when launching a public consultation after its publication the Ministry of Justice said the panel had found courts were increasingly “moving beyond the remit of judicial review”.

The language used by the MoJ prompted fears about what was coming but ultimately the changes contained in the Judicial Review and Courts Act, which came into effect on Friday 15 July, were generally considered to be modest in impact. That is not to say they were without controversy, with the end to “Cart” judicial reviews – appeals against decisions of tribunals mainly relating to immigration/asylum and social security cases – criticised by the likes of Liberty and the Public Law Project.

Why is it looking at further changes?


There was a widely held perception that many in government did not feel that the judicial review reforms went far enough and that is why Robert Buckland QC was sacked as lord chancellor and justice secretary and replaced by Dominic Raab. The plans contained in the leaked document have a feel of unfinished business. Raab has already proposed scrapping the Human Rights Act and replacing it with a British bill of rights, which would also limit government accountability by denying some individuals hitherto universal protections.

What do judges say?


By convention, judges are prohibited from commenting on government policy or legislation. However, the all-party parliamentary group on democracy and the constitution (APPGDC) accused ministers of acting in a “constitutionally unhelpful and inappropriate manner” by questioning the legitimacy of judges and had created an impression that recent supreme court decisions favourable to the government may have been a response to political pressure. The head of the judiciary in England and Wales, Lord Burnett, has urged Raab to protect the judiciary against attacks by his colleagues. Geraint Davies MP, APPGDC chair, said Raab was complicit, saying the role of lord chancellor had become “a political stepping stone from which to take pot shots at the judiciary”.

Newsletter

Related Articles

Beautiful Virgin Islands
0:00
0:00
Close
Man Who Threw Sandwich at Federal Agents in Washington Charged with Assault – Identified as Justice Department Employee
A Computer That Listens, Sees, and Acts: What to Expect from Windows 12
Iranian Protection Offers Chinese Vehicle Shipments a Cost Advantage over Japanese and Korean Makers
UK has added India to a list of countries whose nationals, convicted of crimes, will face immediate deportation without the option to appeal from within the UK
Southwest Airlines Apologizes After 'Accidentally Forgetting' Two Blind Passengers at New Orleans Airport and Faces Criticism Over Poor Service for Passengers with Disabilities
Russian Forces Advance on Donetsk Front, Cutting Key Supply Routes Near Pokrovsk
It’s Not the Algorithm: New Study Claims Social Networks Are Fundamentally Broken
Sixty-Year-Old Claims: “My Biological Age Is Twenty-One.” Want the Same? Remember the Name Spermidine
Saudi Arabia accelerates renewables to curb domestic oil use
U.S. Investigation Reports No Russian Interference in Romanian Election First Round
Oasis Reunion Tour Linked to Temporary Rise in UK Inflation
Musk Alleges Apple Favors OpenAI in App Store Rankings
Denmark Revives EU ‘Chat Control’ Proposal for Encrypted Message Scanning
US Teen Pilot Reaches Deal to Leave Chile After Unauthorized Antarctic Landing
Trump considers lawsuit against Powell over Fed renovation costs
Trump Criticizes Goldman Sachs Over Tariff Cost Forecasts
Perplexity makes unsolicited $34.5 billion all-cash offer for Google’s Chrome browser
Kodak warns of liquidity crisis as debt obligations loom
Cristiano Ronaldo and Georgina Rodríguez announce engagement
Taylor Swift announces 12th studio album on Travis Kelce’s podcast after high-profile year together
South Korean court orders arrest of former First Lady Kim Keon Hee on bribery and corruption allegations
Asia-Pacific dominates world’s busiest flight routes, with South Korea’s Jeju–Seoul corridor leading global rankings
Private Welsh island with 19th-century fort listed for sale at over £3 million
JD Vance to meet Tory MP Robert Jenrick and Reform’s Nigel Farage on UK visit
Trump and Putin Meeting: Focus on Listening and Communication
Instagram Released a New Feature – and Sent Users Into a Panic
China Accuses: Nvidia Chips Are U.S. Espionage Tools
Mercedes’ CEO Is Killing Germany’s Auto Legacy
Trump Proposes Land Concessions to End Ukraine War
New Road Safety Measures Proposed in the UK: Focus on Eye Tests and Stricter Drink-Driving Limits
Viktor Orbán Criticizes EU's Financial Support for Ukraine Amid Economic Concerns
South Korea's Military Shrinks by 20% Amid Declining Birthrate
US Postal Service Targets Unregulated Vape Distributors in Crackdown
Duluth International Airport Running on Tech Older Than Your Grandmother's Vinyl Player
RFK Jr. Announces HHS Investigation into Big Pharma Incentives to Doctors
Australia to Recognize the State of Palestine at UN Assembly
The Collapse of the Programmer Dream: AI Experts Now the Real High-Earners
Security flaws in a carmaker’s web portal let one hacker remotely unlock cars from anywhere
Street justice isn’t pretty but how else do you deal with this kind of insanity? Sometimes someone needs to standup and say something
Armenia and Azerbaijan sign U.S.-brokered accord at White House outlining transit link via southern Armenia
Barcelona Resolves Captaincy Issue with Marc-André ter Stegen
US Justice Department Seeks Release of Epstein and Maxwell Grand Jury Exhibits Amid Legal and Victim Challenges
Trump Urges Intel CEO Lip-Bu Tan to Resign Over Alleged Chinese Business Ties
Scotland’s First Minister Meets Trump Amid Visit Highlighting Whisky Tariffs, Gaza Crisis and Heritage Links
Trump Administration Increases Reward for Arrest of Venezuelan President Maduro to Fifty Million Dollars
Armenia and Azerbaijan to Sign US-Brokered Framework Agreement for Nakhchivan Corridor
British Labour Government Utilizes Counter-Terrorism Tools for Social Media Monitoring Against Legitimate Critics
OpenAI Launches GPT‑5, Its Most Advanced AI Model Yet
Embarrassment in Britain: Homelessness Minister Evicted Tenants and Forced to Resign
President Trump nominated Stephen Miran, his top economic adviser and a critic of the Federal Reserve, to temporarily fill an open Fed seat
×