Beautiful Virgin Islands

Wednesday, Feb 18, 2026

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
Nigel Farage Names Reform UK Frontbench Team and Signals Zero Tolerance for Internal Dissent
Qualcomm to Withdraw UK Lawsuit Over Smartphone Chip Royalty Dispute
Major UK Banks Explore Domestic Card Network to Rival Visa and Mastercard
Cold Health Alert Issued Across UK as Temperatures Drop Sharply
Nine-Year-Old Becomes First Child in UK to Undergo Groundbreaking Leg-Lengthening Surgery
UK Workers Face Stagnant Incomes and a Softening Labour Market as Unemployment Climbs
UK Passport Rules Tightened for British Dual Nationals Under New Travel Guidance
California Deepens Global Climate Alliance with New UK Pact and Major Clean-Tech Investment Drive
UK Supreme Court Tightens Rules on Use of ‘Milk’ and ‘Cheese’ Labels for Plant-Based Products
University of Kentucky Postpones Feb. 19 Law Enforcement Training Exercise in Lexington
‘The only thing illegal is Keir Starmer handing these islands to a country like Mauritius!’
JD Vance says Germany is “killing itself” by taking in millions of fake asylum seekers from culturally incompatible nations.
UK Markets Signal Opportunity as Starmer Confronts Intensifying Political Pressure
Trump Criticises Newsom’s UK Climate Pact, Defends Federal Authority Over Foreign Engagements
UK’s Top Prosecutor Says ‘No One Is Above the Law’ as Police Review Claims Against Ex-Prince Andrew
Rubio Calls for Sweeping U.N. Reform, Saying It Has Failed to End Wars in Gaza and Ukraine
Prince William Meets Saudi Crown Prince as Epstein-Andrew Fallout Casts Shadow
Starmer Calls for Renewed ‘Hard Power’ Investment at European Security Summit
UK Police Establish National Taskforce to Handle Domestic Epstein-Linked Allegations
UK Court Rules Ban on Palestine Action Unlawful in Major Free Speech Test
UK Faces Prospect of Net Migration Turning Negative as Economic Impact Looms
Peter Mandelson Asked to Testify Before US Congress Over Jeffrey Epstein Links
Document Suggests Prince Andrew Shared UK Briefing on Afghan Investment Opportunities with Jeffrey Epstein
Beijing Brands UK Hong Kong Visa Expansion ‘Despicable and Reprehensible’ After Jimmy Lai Sentencing
Tesco Chief Warns UK Is ‘Sleepwalking’ Toward a Joblessness Crisis
Trump’s ‘Act of Great Stupidity’ Comment on UK Chagos Deal Reverberates Through Diplomacy and Strategy
New U.S. filings say Jeffrey Epstein repaid Les Wexner one hundred million dollars after theft allegation
Commerce Secretary Howard Lutnick acknowledges 2012 visit to Jeffrey Epstein’s private island as lawmakers scrutinise past ties
UK Police Review Fresh Claims Involving Prince Andrew as Senior Royals Respond to Epstein Files
Keir Starmer’s Premiership Faces Unprecedented Strain as Epstein Fallout Deepens
Starmer Vows to Stay in Office as UK Government Faces Turmoil After Epstein Fallout
China and UK Signal Tentative Reset with Commitment to Steadier, Professionally Managed Relations
UK Confirms Imminent Increase in ETA Fee to £20 as Entry Rules Tighten
UK Signals Possible Seizure of Russia-Linked ‘Shadow Fleet’ Tanker in Escalation of Sanctions Enforcement
Epstein Scandal Piles Unprecedented Pressure on UK Prime Minister Keir Starmer’s Leadership
UK’s ‘Most Romantic Village’ Celebrates Valentine’s Day and Explores the Festival’s Rich History
Winklevoss-Led Gemini to Slash a Quarter of Jobs and Exit European and Australian Markets
UK Royal Family Faces Intensifying Strain as Epstein-Linked Revelations Rock the Institution
Political Censorship: French Prosecutors Raid Musk’s X Offices in Paris
AI Invented “Hot Springs” — Tourists Arrived and Were Shocked
Tech Mega-Donors Power Trump-Aligned Fundraising Surge to $429 Million Ahead of 2026 Midterms
UK Pharma Watchdog Rules Sanofi Breached Industry Code With RSV Vaccine Claims Against Pfizer
Melania Documentary Opens Modestly in UK with Mixed Global Box Office Performance
Starmer Arrives in Shanghai to Promote British Trade and Investment
Harry Styles, Anthony Joshua and Premier League Stars Among UK’s Top Taxpayers
New Epstein Files Include Images of Former Prince Andrew Kneeling Over Unidentified Woman
Starmer Urges Former Prince Andrew to Testify Before US Congress About Epstein Ties
Starmer Extends Invitation to Japan’s Prime Minister After Strategic Tokyo Talks
Skupski and Harrison Clinch Australian Open Men’s Doubles Title in Melbourne
China Lifts Sanctions on British MPs and Peers After Starmer Xi Talks in Beijing
×