Judicial review
A supervisory jurisdiction of the High Court by which a person with sufficient interest may challenge the lawfulness of a public body's decision, action, or failure to act.
Definition
Judicial review (JR) is not an appeal against the merits of a decision — it is a challenge to the legality of how a public body exercised its power. The High Court (Administrative Court) can quash a decision, prohibit unlawful action, compel a body to act, or declare the law. The grounds for review — developed through case law and codified in practice — are: <strong>illegality</strong> (the decision-maker acted outside their powers, or for an improper purpose); <strong>irrationality</strong> (the decision was so unreasonable that no reasonable decision-maker could have reached it — the <em>Wednesbury</em> test from <a href="https://www.bailii.org/ew/cases/EWCA/Civ/1948/1.html" target="_blank" rel="noopener noreferrer"><em>Associated Provincial Picture Houses Ltd v Wednesbury Corporation</em> [1948] 1 KB 223</a>); <strong>procedural unfairness</strong> (the decision-maker failed to follow a fair procedure, give adequate reasons, or consult properly); and <strong>breach of human rights</strong> (a public authority acted incompatibly with a Convention right under <a href="https://www.legislation.gov.uk/ukpga/1998/42/contents" target="_blank" rel="noopener noreferrer">the Human Rights Act 1998</a>). Claims must be brought promptly and in any event within three months of the date of the decision (shorter periods apply in planning and procurement cases). The claimant must have "sufficient interest" (standing). Permission to proceed must be obtained — the court filters weak claims at an initial permission stage without a full hearing. Remedies are prerogative orders (quashing order, prohibiting order, mandatory order) or a declaration. JR is a remedy of last resort — alternative remedies (appeals, ombudsman complaints) must generally be exhausted first.
In practice
Judicial review is relevant if a public body — a local council, government department, planning authority, immigration authority, or the police — has made a decision that directly affects you and that decision appears to have been made unlawfully, in breach of your rights, or without following a fair procedure. Common examples: challenging a council planning refusal on procedural grounds; challenging an immigration removal decision; challenging a benefits decision after all internal appeals are exhausted. The three-month time limit is strict — act immediately. Legal aid may be available for JR claims. Specialist public law solicitors are essential — see the <a href="/articles/what-is-judicial-review" class="body-link">judicial review article</a> and the <a href="/glossary/habeas-corpus" class="body-link">habeas corpus entry</a> for related procedure.