What happens if a court rules a law unlawful?
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When a court rules a law unlawful, several significant consequences can follow, depending on the nature of the law, the grounds for the ruling. In the UK, this often occurs through a process called judicial review. Judicial review allows the courts to examine the lawfulness of decisions and actions taken by public bodies, including the government and its ministers, as well as secondary legislation (regulations and statutory instruments made under primary legislation).
If a primary piece of legislation (an Act of Parliament) is found to be unlawful, the situation is more complex due to the principle of parliamentary sovereignty. UK courts cannot directly strike down an Act of Parliament. However, they can declare it incompatible with the European Convention on Human Rights under the Human Rights Act 1998. While this declaration does not invalidate the law, it puts significant political pressure on Parliament to amend or repeal the incompatible legislation. The government would then typically bring forward new legislation to address the court's concerns.
In contrast, secondary legislation can be quashed (nullified) by the courts if found to be unlawful on various grounds, such as illegality (acting beyond the powers granted by the primary legislation), irrationality (the decision is so unreasonable that no sensible authority could have made it), or procedural unfairness (failure to follow proper procedures). If the court had found these regulations to be ultra vires (beyond the powers of the enabling Act), they could have been declared unlawful and of no effect.
When a law, particularly secondary legislation, is ruled unlawful, the immediate impact is that the law ceases to have legal force. Public bodies are no longer permitted to act in accordance with it, and individuals are no longer bound by its provisions. The court may also issue orders, such as a quashing order, which formally invalidates the law. Furthermore, the court might order the public body responsible for the unlawful law to reconsider their decision or action, ensuring that any new measures comply with the law.
The ruling of a law as unlawful can also have broader implications. It can set a legal precedent, influencing how similar laws are interpreted and applied in the future. Moreover, it can lead to policy changes and adjustments in how the government approaches specific issues to ensure their actions are within the bounds of the law. In cases where individuals have been adversely affected by the unlawful law, there may also be grounds for seeking remedies or compensation.
