Importance of Judicial Review and Human Rights

Running head: IMPORTANCE OF JUDICIAL REVIEW AND HUMAN RIGHTS
Importance of Judicial Review and Human Rights
Name of the Student
Name of the University
Author Note

1IMPORTANCE OF JUDICIAL REVIEW AND HUMAN RIGHTS
Executive Summary:
The report intends to focus on the concept of judicial review that can be sought by the general
public in case of infringement of human rights. In this regard the scope of civil liberties and the
Human Rights Act 1998 has been explained. The intention of the report is to highlight the ways
in which the actions of the administrative bodies are controlled by the higher authorities. In this
regard, the report has emphasized the changing relation of the State with the individuals. The
report is commissioned to examine the idea of constitutionalism in United Kingdom along with
the various organs of the State.

2IMPORTANCE OF JUDICIAL REVIEW AND HUMAN RIGHTS
Table of Contents
Introduction:..................................................................................................................................3
Discussion:......................................................................................................................................3
Scenario 1:..................................................................................................................................3
Scenario 2:..................................................................................................................................5
Scenario 3:..................................................................................................................................7
Recommendations:........................................................................................................................8
Conclusion:.....................................................................................................................................8
References:...................................................................................................................................10

3IMPORTANCE OF JUDICIAL REVIEW AND HUMAN RIGHTS
Introduction:
With the advent of doctrine of separation of powers and with the introduction of balance
of power, the State has been divided into three separate bodies- the legislature, executive and the
judiciary1. The Courts, while exercising their powers of judicial review, is not concerned by the
decision made by the executive2. However, the process of judicial review is associated with the
process of making decision rather than an appeal. In this regard, it is noteworthy to mention here
that in order to control the administrative bodies by ensuring that the decision taken by them are
fair and reasonable, the judiciary has proved to be beneficial.
Discussion:
Scenario 1:
In order to evaluate the situation of the first scenario, the scope of human rights law
needs to be explained. In this regard, it is noteworthy to mention here that the articles of
European Convention of Human Rights have been designed in such a way in order to restrict the
power exercised by the states. According to the Section 6(1) of the Human Rights Act 1998, if a
public authority acts in a manner which is consistent with a conventional right, then it is
considered to be unlawful. However, Section 10 Schedule 2 of the Human Rights Act 1988
confers right on the Government to provide remedies for such breach of Convention. In this
regard, it has been observed that the significance of the term public authority was accepted by
1 Gardbaum, Stephen. "Separation of powers and the growth of judicial review in established
democracies (or why has the model of legislative supremacy mostly been withdrawn from
sale?)." The American Journal of Comparative Law 62.3 (2014): 613-640.
2 Sadurski, Wojciech. "Judicial Review and Protection of Constitutional Rights." Rights Before
Courts. Springer, Dordrecht, 2014. 145-166.