London Daily

Focus on the big picture.
Tuesday, Jul 28, 2026

Why does the government want to reform judicial review?

Why does the government want to reform judicial review?

Tory ministers have long been unhappy with wide-ranging court powers to challenge the legality of their actions

The justice secretary, Dominic Raab, is planning to make it harder to succeed in judicial reviews against the government, a leaked document suggests. But what is judicial review and why is the government determined to reform it?

What is judicial review?


A judicial review is a court proceeding in which a judge examines the lawfulness of an action or a decision of a public body such as the government, a local council, police force or NHS trust. It involves a claimant challenging the way a decision has been reached by an official or minister and determining whether that person made a mistake in law in reaching the decision.

Why is the government unhappy about judicial review?


Ministers have not taken kindly to losing cases or even to being challenged. There have been attacks on “lefty lawyers” and allegations that judges have overreached. Two of the most notorious judicial reviews to go against the government were related to Brexit, on whether it could trigger article 50 and the prorogation of parliament respectively. More recently, it has been angry about the challenge to its policy to send some migrants to Rwanda.

What has it sought to do about it?


In its last election manifesto the Conservative party pledged to end “abuse” of judicial review. The government handpicked a panel of six experts to conduct a review of it but was accused of distorting their findings. While the panel asserted the importance of judicial review and advised against “far-reaching legislation”, when launching a public consultation after its publication the Ministry of Justice said the panel had found courts were increasingly “moving beyond the remit of judicial review”.

The language used by the MoJ prompted fears about what was coming but ultimately the changes contained in the Judicial Review and Courts Act, which came into effect on Friday 15 July, were generally considered to be modest in impact. That is not to say they were without controversy, with the end to “Cart” judicial reviews – appeals against decisions of tribunals mainly relating to immigration/asylum and social security cases – criticised by the likes of Liberty and the Public Law Project.

Why is it looking at further changes?


There was a widely held perception that many in government did not feel that the judicial review reforms went far enough and that is why Robert Buckland QC was sacked as lord chancellor and justice secretary and replaced by Dominic Raab. The plans contained in the leaked document have a feel of unfinished business. Raab has already proposed scrapping the Human Rights Act and replacing it with a British bill of rights, which would also limit government accountability by denying some individuals hitherto universal protections.

What do judges say?


By convention, judges are prohibited from commenting on government policy or legislation. However, the all-party parliamentary group on democracy and the constitution (APPGDC) accused ministers of acting in a “constitutionally unhelpful and inappropriate manner” by questioning the legitimacy of judges and had created an impression that recent supreme court decisions favourable to the government may have been a response to political pressure. The head of the judiciary in England and Wales, Lord Burnett, has urged Raab to protect the judiciary against attacks by his colleagues. Geraint Davies MP, APPGDC chair, said Raab was complicit, saying the role of lord chancellor had become “a political stepping stone from which to take pot shots at the judiciary”.

Newsletter

Related Articles

0:00
0:00
Close
Badenoch Offers Tory Votes to Keep Serious Offenders in Prison
Why Americans Queue for $15 Ice Cream and a $100 Caviar Pint
Another AI Genius Left the United States — and Silicon Valley Is Starting to Worry
Shein Reports $99mn Loss as Trade Barriers Test Low-Cost Model
CXMT Gains 466% in China’s Biggest IPO Since 2010
Amazon Seeks Approval for 5,105-Satellite Mobile Network
Burnham Puts School-to-Work Reform at Centre of Welfare Strategy
Johnson & Johnson Agrees to $5.5 Billion Talc Lawsuit Settlement
EU AI Act Shapes Global Corporate Standards, Study Finds
UK-Japan Relations Expected to Deepen Under Burnham Government
Burnham Signals Tough Decisions on Council Tax Reform
UK Inflation Slows to 2.6% in June
Bank of England Holds Interest Rates at 3.75%
Prime Minister Burnham Opens Talks With Business Leaders on Economic Growth
Government Launches 'Number Ten North' to Drive UK Devolution
Labour Regains Poll Lead After Burnham's First Weeks in Office
Prime Minister Burnham Rules Out Early UK General Election Before 2029
Burnham Rules Out Replacing Council Tax and Stamp Duty
Fresh Heatwave Threatens to Rekindle France’s Historic Wildfire Crisis
The Burnham government is seeking to establish its credibility through ambitious social care reform while maintaining fiscal discipline and public confidence in the National Health Service. Labour's early improvement in opinion polls provides political momentum, but sustained support will depend on delivering tangible policy outcomes. Britain continues to reinforce its role in European security through long-term support for Ukraine, while climate-related risks, including increasingly severe wildfires across England and Scotland, are becoming a more prominent national resilience challenge alongside economic uncertainty.
United Kingdom Economy Remains Exposed to Global Energy Risks
Prime Minister Dismisses Calls for an Early General Election
Scottish Wildfires Continue to Stretch Emergency Services
United Kingdom Faces Rising Wildfire Risk as Heatwave Continues
Lower Oil Prices Ease Inflation Concerns and Support Financial Markets
Financial Conduct Authority Launches Consumer Campaign on Car Finance Compensation
Government Prioritises Employment Over Benefit Cuts in Welfare Reform Plans
Prime Minister Rules Out Sweeping Property Tax Changes Before Autumn Budget
AstraZeneca Beats Expectations as Cancer Medicines Drive Strong Profit Growth
Labour Regains Narrow Polling Lead After Burnham's First Week in Office
United Kingdom Reaffirms Long-Term Commitment to Ukraine Under Burnham Government
Prime Minister Andy Burnham Makes Social Care Reform the First Major Test of His Government
Following OpenAI's Cyberattack: 'Most Companies Still Do Not Understand What Is Coming'
Autopsy Finds No Violence in Death of Epstein-Linked Model Scout
Indian Education Minister Resigns After Cockroach Youth Protests
California Desert Data-Centre Plan Stalls as Water and Power Disputes Mount
Northern Ireland Border Security Tightened After Military-Grade Explosive Interception
British Hospitality Sector Targets Summer Visitors Through Regional Promotions
England River Access Debate Intensifies After New Data Shows Limited Public Access
Royal Navy Strengthens Maritime Vigilance Amid Rising Security Concerns
UK Education Department Expands Mental Health Support for Young People Entering Work
UK Tourism Industry Launches Summer Campaigns to Boost Domestic Travel
North England Transport Plans Advance to Support Industrial Growth
Financial Markets Watch New Government’s Economic Strategy as Investors Assess Fiscal Risks
Royal Navy Continues Monitoring Russian Naval Activity Near UK Waters
UK Care Workers May Receive Immigration Exemptions Under Proposed Visa Changes
Health Secretary Yvette Cooper Begins Emergency Talks to Address NHS Staffing Shortages
UK Banks Launch High-Interest Savings Offers to Attract Household Deposits
North Sea Oil Drilling Projects Face Delays After Offshore Equipment Accident
Cairngorms Wildfire Highlights Growing Pressure on UK Emergency Services
×