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Judicial Review and Democracy

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Abstract: Judicial review is a legal procedure, allowing individuals or groups to challenge in court the way that Ministers, Government Departments and other public bodies make decisions. But, as some theorists1 grant, there is a conflict between the principles of judicial review and democratic theory, and point out judicial review is an undemocratic role in British political system. This is rests on a paradox of the English political system: a democratic British government and Parliament, who are democratically elected, allow the judges, who are for all practical purposes appointed for life and directly answerable to no electorate, to play a large part in the formulation of public policy. However, it can be argued that in practice, the courts 'may' pay deference to our democratic institutions-Parliament or the executive since the Human Rights Act 1998 (HRA) was enacted. Meanwhile courts impose safeguards against unauthorized decision made by a wide variety of bodies...

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