Judicial review is a legal process through which courts review the actions, decisions, and legality of the executive branch of government, including administrative agencies, to ensure they are in compliance with the law and constitutional principles. It allows the judiciary to act as a check on the exercise of governmental power, ensuring that it is exercised within the limits set by law. The purposes of judicial reviews are discussed below.
Ensuring constitutional compliance: Judicial review ensures that governmental actions and laws are in compliance with the provisions of the constitution. It allows the judiciary to examine the constitutionality of legislation, executive decisions, and administrative actions to prevent any violation of constitutional rights and principles.
Upholding the rule of law: Judicial review serves to uphold the principle of the rule of law, which requires that all individuals and institutions, including the government, be subject to and governed by the law. It ensures that the exercise of governmental power is lawful, accountable, and within the boundaries set by the law.
Protecting individual rights and freedoms: Judicial review acts as a safeguard for individual rights and freedoms by providing a mechanism for individuals to challenge government actions that may infringe upon their rights. It allows individuals to seek legal redress and protection when their rights have been violated or when government decisions are arbitrary, unfair, or unreasonable.
Ensuring government accountability: Judicial review holds the government accountable for its actions by subjecting them to scrutiny and evaluation by an independent judiciary. It ensures that government decisions and actions are made in accordance with legal principles, proper procedures, and the best interests of the public. It prevents the abuse of power and promotes transparency and accountability in governance.
Checking the executive and administrative discretion: Judicial review serves as a check on the exercise of discretionary powers by the executive and administrative bodies. It allows the judiciary to examine the legality, fairness, and rationality of executive decisions and administrative actions, ensuring that they are not arbitrary, discriminatory, or beyond the scope of authority.
Resolving legal disputes: Judicial review provides a mechanism for resolving legal disputes between individuals, organisations, and the government. It allows parties to bring their grievances before the court and seek a legal remedy, clarification of the law, or a declaration of rights. It contributes to the stability and predictability of the legal system by providing authoritative interpretations of the law.
The purposes of judicial review include upholding constitutional compliance, protecting individual rights, ensuring government accountability, checking executive and administrative discretion, and providing a forum for the resolution of legal disputes. It plays a crucial role in maintaining the balance of power, preserving the rule of law, and protecting the rights and interests of individuals within a democratic society.
You can learn more about this topic and relevant case law with our Public Law, Constitutional Law, and Administrative Law notes.
