Judicial review

English Test

Judicial review allows when a public body decides or behaves illegally, a judge to review the legality of the decision. This is a type of legal process that allows for a challenge to how the decision was made. There are several ways of contesting a decision: by filing complaints against public bodies or through mediators, asking a public body to review its decision, or through judicial review. Judicial review is not concerned with whether the decision is correct, so the body can take back that same decision as long as it is legal. Judicial review has an important aspect in the constitution of the United Kingdom. It allows people to counter the decisions of power.

The UK's most useful and productive sources of law are primary and secondary legislation.

Primary legislation is made up of laws passed by parliament, it is theoretically sovereign under the other forms of law "custom, judicial precedent, and even previous Acts of Parliament" but in the practical case it is limited in certain measures by secondary legislation, the EU or the ECHR which are superior and which can apply sanctions vis-à-vis the United Kingdom. In general, primary legislation adopts laws due to European directives (the need for a lawyer for the person in police custody who violates Article 6 of the ECHR), government policy, Private Member's Bill (law of 2018 on Assaults on Emergency Workers), Specific Event, Law Commissions and Lobby.

Secondary legislation allows laws to be passed by hijacking parliamentary and democratic procedures, making the process faster and simpler. This is a major source of British law as it accounts for 75% of laws voted on each year. Unlike primary legislation, secondary legislation allows: to legislate or modify existing legislation without going through parliament, to allow new regulations by the prime minister and his government with the approval of parliament furthermore secondary legislation includes laws to enact at the local level or the level of the company.

As for judicial control with the first legislation, it is no longer applicable today in the first sense of the term since judges must follow the supreme directives of the parliament whose laws were correctly voted. However, through or because of human rights laws, courts can declare parliamentary laws incompatible with Europe, but this is only to avoid sanctions. The second legislation, unlike the first, can be challenged in court if it is found to go beyond the power granted by parliament or if it does not follow a required procedure provided for in the enabling legislation.

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