London Daily

Focus on the big picture.
Thursday, Aug 20, 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
England and Wales Have Fewer Than 1,800 Prison Places Left for Men
Suspected People Smuggler Arrested After Investigation Identified Him
Children's Doctors Warn That Vaping Can Lead Young People to Smoking
Prince Harry and Meghan to Move Back to Britain With Their Children
Hundreds of Thousands of Students Receive GCSE and Vocational Results Across England, Wales and Northern Ireland
Here Is What Can Never Happen in Your Country: Taiwan Is Giving Money to All Its People Because It Collected Too Much Tax
UK Inflation Rises to 2.9% as Energy Bills Jump
UK Issues New Conduct Guide for Asylum Seekers on Consent and Respect
Moderna Shares Surge After Positive Personalized Skin Cancer Trial Results
UK Markets Watch US National Debt Surpass Forty Trillion Dollars
UK Broadcasters Urge Government to Invest in Digital Participation and Broadband
CVC Capital Partners and Standard Life Launch Two Billion Pound Pension Risk Transfer Venture
UK Private Sector Productivity Growth Accelerates in Second Quarter
UK Foreign Secretary Ed Miliband Condemns Israeli E1 Settlement Tender
UK Watchdog Investigates Trainline, Virgin Atlantic and RED Driving School Over Hidden Fees
Prince Harry and Meghan Markle Plan Move to Private Home Outside London
UK Retail Sentiment Improves as Summer Spending Boosts Consumer Confidence
UK Aid Cuts Draw Warnings From Charities Over Humanitarian Consequences
UK Financial Conduct Authority Issues Guidance for Motor Finance Redress Scheme
UK Met Office Launches Aviation Programme to Reduce Climate Impact of Persistent Contrails
Former UK Civil Service Chief Received Record 500,000 Pound Severance Payment
West Midlands to Bring Bus Network Under Public Franchising Model
UK Government Drops Plan to Relax Affordable Housing Requirements After Backlash
UK Reaffirms Military Support for Ukraine Despite Russian Hybrid Warfare Threats
UK Technology Sector Expands Nearly 8 Percent as Digital Industry Outpaces Wider Economy
UK Drought Threatens Harvests Across England and Wales as Food Inflation Risks Persist
UK Government Pledges 442 Million Pounds to End Rough Sleeping by Christmas
UK Government Signals Willingness to Reconsider Digital Services Tax Amid US Tariff Threats
UK Inflation Rises to 2.9 Percent as Energy Costs Threaten Economic Recovery
NHS Hospitals Cancel Surgeries as Extreme Heat Pushes Ward Temperatures Above 40 Degrees Celsius
UK Heatwave Forces Emergency Measures as Wildfire Risk, Hospital Disruption and Drought Intensify
A Sleepless Night on Wall Street: Nasdaq to Begin Nearly Round-the-Clock Trading
"The First in the World": 69-Year-Old Protested Artificial Intelligence—and Went to Jail
Ukraine's Ousted Defence Minister Calls for Wartime Presidential Election
UK Marks Ten Years of Night Tube as London Weekend Usage Exceeds Eighty-One Thousand Journeys a Night
Met Office Issues Thunderstorm Warnings Across Northern Ireland Over Flash-Flood Risk
Frasers Group Raises Stake in Hugo Boss to Nearly Forty-Eight Percent
Scottish Clyde Marine Pilots Prepare for Strike That Could Disrupt Glasgow and Greenock Shipping
Twenty Passengers Injured After Southern Train Derails Near Lewes in East Sussex
Government Rules Out High-Speed Rail Revival Between West Midlands and Northern England
West Midlands Bus Network Returns to Public Ownership in Twenty-Four Million Pound Deal
UK Competition Watchdog Targets Trainline, Virgin Atlantic and RED Driving School Over Drip Pricing
Northern Ireland Health Minister Mike Nesbitt Resigns After Dispute Over Causeway Hospital Surgery Closure
UK Long-Term Government Bond Yields Rise to Five Point Eight Five Percent as Borrowing Costs Surge
UK Government Overhauls Planning Rules to Push Housing Development Near Major Transport Hubs
UK Health and Economic Pressures Highlight Wider Strain on Households and Public Finances
UK Prime Minister Andy Burnham Reaffirms Full Support for Ukraine Amid Russian Warnings
Sainsbury’s Suspends Live Facial Recognition at London Store After Customer Misidentified
Artists Urge UK Prime Minister Andy Burnham to Reject New North Sea Oil and Gas Licensing
UK Government Awards Four Hundred and Fifty-Six Million Pound Civil Service Training Contract to EY and KPMG
×