London Daily

Focus on the big picture.
Friday, Sep 11, 2026

Right to challenge government in courts overhauled

Right to challenge government in courts overhauled

Plans to change how government decisions are challenged in the courts have been announced by the justice secretary.

Robert Buckland says the move is to "protect" judges from being drawn in to politics and to "strike the right balance" between public scrutiny and the "need for effective government".

It comes after an independent review into the issue.

Labour says it is an attempt to "trample on values we all hold dear".

Last year, the prime minister ordered a review into the relationship between the government and the courts.

The review, headed by the Conservative peer, Lord Faulks, found "courts were increasingly considering the merits of government decisions themselves, instead of how those decisions were made - moving beyond the remit of judicial review".

Judicial review is a procedure that allows anyone who has been affected by a decision or a failure to act by a public authority to apply to the courts to rule whether its actions were lawful or not.

Recently, there have been high profile challenges to the government's management of the Brexit process by the Remain campaigner, Gina Miller.

Addressing MPs, Mr Buckland said while judicial review was an "important" and "vital" check on power, reforming the process would "protect" judges from being dragged into issues beyond their remit.

Mr Buckland said ministers were considering putting a set of rules in place that would "clearly delineate" which issues the courts could rule on and which they could not.

He said the reforms would "restore a more sensible balance of responsibilities between Parliament and the courts".


Judicial review helps the public hold power to account because it allows any of us to ask a judge to scrutinise a decision by a minister or public body, where we have an arguable case that they've acted unlawfully.

Recent cases have led to improvements in NHS critical care guidelines during the pandemic - and the Supreme Court declaring that Boris Johnson unlawfully shut down Parliament.

His 2019 election manifesto promised to curtail judicial review to prevent judges taking political decisions.

Critics say JR currently allows judges to retake political decisions about how a policy should operate.

But the government's own review panel found some of the most controversial cases have only come about because the courts had to step in to clarify the law, after Parliament had failed to do so.

Gina Miller, who brought one of the two cases against Parliament's shutdown said the public had to ask themselves whether they felt comfortable placing all their trust in politicians, or whether they preferred independent courts to continue to act as a defence against potential abuses by the executive.

The shadow justice secretary, David Lammy, accused the government of trying to impose "new limits" on judicial reviews.

He said it was an attempt to "trample on values we all hold dear - including fairness, accountability and the rule of law".

"Judicial review is the only mechanism by which members of the public can challenge the government and public bodies when they break the law," he added.

What are judicial reviews?


A type of court case that allows members of the public to challenge the legality of a government decision.

* It can be a decision by a government department, a regulator, a local council and certain other public bodies

* Judicial reviews cannot overturn entire Acts of Parliament passed by MPs

* Decisions can be challenged on the grounds that a minister did not have the power to make it, or the process leading up to it was unfair or irrational

* A decision can also be overturned if a public authority has acted in a way which is incompatible with the Human Rights Act

* Most cases do not get very far - in 2018 only 218 made it as far as a court hearing, out of 3,597 that were lodged

* Of the cases that reached court, the government won 50% of them

Newsletter

Related Articles

0:00
0:00
Close
John Lewis Partnership Loss Widens to £124 Million
UK Government to Put White Working-Class Social Mobility at Centre of Equality Policy
McLaren Plans £450 Million Technology Investment Creating 1,000 UK Jobs
UK Chancellor Faces Calls for Wealth Taxes and Public Ownership in Autumn Budget
English Mayors to Gain Powers to Impose Uncapped Overnight Tourist Taxes
JPMorgan’s Jamie Dimon Warns UK Government Against Bank Windfall Taxes
UK Air Traffic Control Outage Cancels More Than 2,000 Flights
UK Imposes Trade Ban on Israeli Settlements in the West Bank
UK Borrowing Costs Surge as Middle East Tensions Push Long-Term Gilt Yields to Highest Since 1998
Buckingham Palace Says Prince Harry and Meghan Will Not Resume Official Royal Duties
UK Treasury Faces Calls to Scrap £100,000 Childcare Support Threshold
Trades Union Congress Urges Labour Government to Rewrite Migration Policy
Riot Police Deployed After Anti-Migrant Protests Turn Violent in Portsmouth
UK Considers Replacing Some Disability Cash Payments With Direct Services
JPMorgan’s Jamie Dimon Warns UK Chancellor Against Higher Banking Taxes
UK Announces New Sanctions Targeting Israeli Settlements in West Bank
Metropolitan Police Investigate Alleged Illegal Donations to Reform UK
UK Charges Wiltshire Man With Assisting Russian Intelligence
UK Orders Urgent Review After Air Traffic Failure Cancels More Than 2,000 Flights
Merz Rebukes AfD Expansion in Saxony-Anhalt
King Charles Confirms Prince Harry and Meghan Will Remain Private Citizens
Labour Selects Former Child Refugee for By-Election in Keir Starmer’s Former Seat
Foreign Private Equity Accelerates Takeovers of London-Listed Industrial Companies
NHS Maternity Care Faces Scrutiny Over Support for Mothers After Caesarean Births
BBC Warns Staff Strikes Are Likely Amid Job Cuts and Programme Cancellations
English Housing Affordability Improves to Best Level in More Than a Decade
UK Health Commission Proposes Framework for Wider AI Adoption Across NHS
Labour Faces Pressure for Wealth Tax Ahead of Autumn Budget
Metropolitan Police Open Criminal Investigation Into Alleged Foreign Donations to Reform UK
UK Police Deploy Riot Officers After Anti-Immigration Unrest in Portsmouth and Dover
UK Defends Sanctions on Israeli Settlements Despite Diplomatic Retaliation
UK Air Traffic Control Failure Cancels More Than 1,000 Flights and Disrupts 65,000 Passengers
Compass Urges £10 Million Wealth Tax and Public Ownership Ahead of UK Autumn Budget
UK Government’s Devolution Plans Face House of Lords Scrutiny
Maldives Seeks New Chagos Sovereignty Talks With UK Prime Minister Andy Burnham
UK Airports Face Continuing Disruption After National Air Traffic Control Failure
UK Bans Imports From Israeli Settlements and Expands Sanctions on Iran
British Chambers of Commerce Forecasts UK Growth of 1% as Investment Remains Weak
UK Suspends Local Government Reorganisation Decisions and Cancels Planned Shadow Authority Polls
UK Parliament Opens Inquiry Into Gaps in Climate Change Preparedness
Andy Burnham and Xi Jinping Hold Talks on Trade, Security and British Consular Cases
UK Joins France, Canada and Other Nations in Measures Against Israeli West Bank Settlements
UK Announces New Sanctions Targeting Iranian Nuclear and Military Networks
British Chambers of Commerce Calls for Business Rate Reform and Productivity Support
UK Farmers Warn Dry Summer Could Reduce Crop Yields and Push Up Food Prices
UK Rail Networks Hit by Widespread Delays After Major Signalling Failures
Matt Clifford Resigns as ARIA Chair After Conflict-of-Interest Scrutiny
UK and France Say Joint Border Operations Have Prevented More Than 48,000 Irregular Channel Crossings
UK Core Inflation Remains Above Expectations as Utility and Commodity Costs Stay Elevated
Jaguar Land Rover Considers Up to 4,000 UK Job Cuts Amid Automotive Industry Pressure
×