London Daily

Focus on the big picture.
Tuesday, Aug 04, 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
Apple’s OpenAI Lawsuit Becomes a Public Fight Over AI Hardware
UK Man Jailed After Keeping His Mother’s Body in a Freezer and Claiming £78,000
A SpaceX Rocket Is About to Crash Into the Moon — and Scientists Hope to Watch
World War II munitions discovered after wildfires in southern France
BP profits reach four-year high amid Middle East conflict
Europe’s Heat and Drought Are Now Disrupting Power, Shipping and Tourism
Europe’s Drying Rivers Trigger Power Cuts, Factory Shutdowns and Wildfire Emergencies
UK Driver Sentenced to Four Years for Staged Electric Vehicle Brake Failure Fraud
Conservative Party and Reform UK Face Scrutiny During Clacton By-Election Campaign
Ministry of Justice Reviews Early Release Rules After Public Anger Over Police Killer Cases
NHS Radiographers Report Rising Racist Abuse From Patients Across UK Hospitals
UK Banking Regulators Face Pressure After Customer Loses Fourteen Thousand Pounds in AI Voice Scam
Research Challenges Treasury Control Over UK Public Spending and Calls for Greater Local Decision-Making
Home Office Begins Four-Week Weapons Surrender Campaign Across Major English Cities
Southern England Records Driest July in Nearly Two Centuries as Drought Concerns Grow
Apple Challenges UK Government Request for Access to Encrypted User Data in Legal Fight
BP Reports Sharp Profit Increase as Middle East Conflict Drives Global Oil Prices Higher
Nigel Farage Expresses Openness to Potential Alliance with Restore Britain
AstraZeneca Merger Talks Reflect Intensifying Pharmaceutical Consolidation
University Merger May Set Template for Higher Education Reform
Apple's Legal Challenge Highlights Growing Tension Over Encryption and Surveillance
Prime Minister Andy Burnham's Agenda Signals Shift Toward Greater Regional Devolution
Mental Health Trust Faces Criticism Over Planned £25 Million Budget Cuts
Scientists and Cultural Leaders Call for Funding to Save Jodrell Bank Observatory
UK Manufacturing Output Reaches Highest Level in Nearly Two Years
University of Greenwich and University of Kent Complete Landmark Merger
Nigel Farage Unveils Naval Border Proposal Amid Questions Over £5 Million Donation
Prime Minister Andy Burnham Pledges Tougher Action on Small Boat Crossings
Apple Challenges UK Government Over Encrypted Data Access Demands
AstraZeneca Shares Fall After Reports of $400 Billion Bristol Myers Squibb Merger Talks
Triple Lock Lifts UK State Pension but Leaves a Wider Retirement Gap
Danube Drought Forces Hungary’s Paks Nuclear Plant Into Full Shutdown
Ceuta Death Toll Rises as Spain and Europe Clash Over Border Response
Cuba’s Grid Fails Again as Fuel Crisis Deepens
Nazca Lines Flight Crash Kills Thirteen as Peru Suspends Aerodiana
Modern Slavery Decisions Broaden the Al Fayed Inquiry’s Frame
FIFA’s Retreat Leaves a Larger Question Over Who Guards the Game
Two Firefighting Crew Members Die in Helicopter Collision West of Athens
Public Sector Automation Through Artificial Intelligence
Regional Investment Beyond London
Protection of Strategic Technology Assets
UK Competition Regulator Blocks Major Foreign Takeover of British Quantum Computing Firm
UK Government Commits Two Billion Pounds to Modernise Northern Rail Network
UK Parliament Approves Planning Reforms to Accelerate Housing Construction on Green Belt Land
Scotland Approves Major Floating Offshore Wind Expansion in the North Sea
United Kingdom and European Union Sign Defence and Critical Minerals Cooperation Agreement
NHS Invests Five Hundred Million Pounds in Artificial Intelligence Diagnostics to Reduce Waiting Lists
Bank of England Cuts Interest Rate to Three Point Seven Five Percent as Inflation Pressures Ease
Ceuta Border Surge Recasts Europe’s Migration Debate
Burnham Promises a Harder Channel Response as Crossings Test His New Government
×