Arguments Against Judicial Review Uk

Judicial review is also practised in states that practise the doctrine of parliament sovereignty such as the United Kingdom. However here, judicial review can only be executed to challenge the legality of the decisions and conducts by public bodies or authorities. Judicial review cannot be done against the law passed by the parliament as the parliament acts as the highest power and governing organ. Similarly, judicial review can be executed on several grounds:
1. When the decision is illegal, as the decision maker exercises its power wrongly or power it does not possess, also known as ultra vires.
2. When the decision is irrational, as when the decision is so unreasonable that no authorities has ever come to that decision.
3. When the decision is procedurally flawed, as the decision was made without proper observation to statutory procedure
Among the cases or more precisely, situation where the challenge of judicial review succeeded is the closure of Lewisham Hospital in October 2013, where the High Court held that it is not in the circumference of power of Health Secretary Jeremy Hunt to implement cuts at Lewisham Hospital. Though the government appealed to the Court of Appeal, the appeal was eventually dismissed. Other situations where judicial review has succeeded is the closure of Independent Living Fund in November 2013 where several disabled people successfully challenged the decision of government to abolish the Independent Living Fund, and the case of the Gurkha soldier in 2009 where all the Gurkha veterans who has retired before 1997 who has served for at least four years are permitted to settle in the United Kingdom. This proved that unlawful decisions by public authorities can be challenged by the public under the doctrine of judicial review for the sake of the people in the