The Concept and Necessity of Judicial Review

Judicial review is a cornerstone of constitutional law and a critical component of the checks and balances system in any democracy. It is the power of the judiciary to examine the actions of the legislative, executive, and administrative branches of government. The primary objective is to ensure that these actions remain consistent with the higher law of the constitution and do not infringe upon the fundamental rights of citizens.

Why Judicial Review is Essential

In a governance system defined by the rule of law, no government entity should be above the legal framework. Judicial review ensures that the government acts within the limits of its legal authority. It serves as a safeguard against the arbitrary use of power, protecting individuals from unlawful state actions and providing a mechanism for accountability in public administration.

Key Grounds for Legal Challenge

While the specifics may vary by jurisdiction, judicial reviews are generally conducted on three fundamental grounds:

• Illegality: This applies when a decision-maker fails to properly understand or apply the law that grants them decision-making power.
• Irrationality: Often referred to as “Wednesbury unreasonableness,” this describes a decision so illogical that no reasonable authority could have arrived at it.
• Procedural Impropriety: This focuses on the fairness of the process, ensuring that the rules of natural justice were followed and that the person affected had a fair hearing.

Conclusion

Ultimately, judicial review is not about the court dictating government policy, but about ensuring that policy is implemented according to the law. It maintains the integrity of the constitutional order and reinforces public trust in the legal system. By upholding these standards, the judiciary ensures that democracy remains transparent and just for all.