A judicial review is held against the government to determine if government’s actions were lawful or unlawful.

This is one of the key functions of the court (hence rule of law).

Definition

Ultra Vires: “beyond power.”

Judicial reviews (rule of law) are why the judiciary has more power than the executive and legislative, hence why they are studied in A-Level politics.

Examples

Gina Miller Case (2017)

aka. Miller I

Issue: Government attempting to invoke Article 50 (from the Treaty of Rome, used for leaving the EU,) without making legislation

“Can the Prime Minister trigger Article 50 using royal prerogative powers?” ‘The monarch used to sign treaties, now the Prime Minister does - surely they can take us out of one?’ ‘However Parliament brought the UK into the EU - not the Prime Minister!’

Verdict: Unlawful (unlawful ≠ criminal)

Courts determined that the Prime Minister could not trigger Article 50 since the treaty was brought into play by Parliament.

Gina Miller Case (2019)

aka. Miller II

Issue: Boris Johnson lengthy proroguing parliament to Brexit, denying parliament having a say (aka. attempting to silence parliament) Verdict: Unlawful