The value of judicial review

Researchers: Professor Maurice Sunkin, QC | Varda Bondy

Project overview


Does judicial review give judges too much power? Does the process waste public money? Or is judicial review a vital tool for holding government to account? These questions will be addressed in a major new study undertaken by the University of Essex and the Public Law Project.

Judicial review is increasingly used to seek redress and many cases attract significant media coverage such as the challenges to the government’s Building Schools for the Future Programme and John Prescott’s litigation against the police after the News of the World phone hacking scandal.

It is regarded by many as a sign of the importance of the rule of law in the UK and of the ability of ordinary people to hold government to account. However, government ministers have been highly critical of judgments, alleging that judges have overstepped their authority when striking down decisions of elected politicians. It is also claimed that this kind of litigation, especially in an age of austerity, wastes public money and distracts public authorities.

The two-year project will seek to obtain an independent evidence-based assessment of the value and effect of judicial review. As well as exploring the way government responds to judicial decisions and how they sometimes result in the alteration of policy, the study will examine how ordinary claimants fare when public authority decisions that fundamentally affect their lives are reviewed by courts.

Latest on this project


Team


  • Professor Maurice Sunkin, QC
    University of Essex
  • Varda Bondy
    Public Law Project

  • Mark-Franks-Nuffield-Foundation-Together-alone-connecting-individual-and-collective-well-being-through-our-work-in-welfare
    Director, Welfare
    Nuffield Foundation

Explore our projects

Empty-street-with-cyclist-and-pedestrian-in-distance-Law-and-compliance-during-COVID-19-PROJ
New

Justice | 2020 - 2021

Law and compliance during COVID-19

View project
New

Justice | 2020 - 2022

Youth custody: Educational influences and labour market consequences

View project
Serious-teenage-girl-gestures-as-sits-on-couch-in-school-counselor-office-Mental-health-service-provision-for-children-state-care-England-PROJ
New

Justice | 2020 - 2021

Mental health service provision for children in state care in England

View project
In progress

Justice | 2019 - 2022

Understanding criminogenic influences on youth offending

View project
In progress

Welfare | 2019 - 2023

Children living with domestic violence: effects on children’s well-being

View project
In progress

Justice | 2019 - 2021

The Edinburgh Study: causes and impacts of criminal justice pathways

View project
In progress

Justice | Welfare | 2019 - 2021

Girls and women with experience of care and the criminal justice system

View project
In progress

Justice | Welfare | 2018 - 2020

The implementation of new rules and guidance for permanent foster care

View project
Woman-carries-daughter-to-council-house-COVID-19-families-low-income-poverty-in-pandemic-PROJ
In progress

Justice | 2018 - 2020

Paths to administrative justice in Wales

View project
In progress

Justice | Welfare | 2018 - 2021

System conditions and welfare inequalities in children’s services

View project
In progress

Justice | Welfare | 2018 - 2020

Looked after children grown up

View project
Reported

Justice | Welfare | 2018 - 2019

Pathways of incarcerated children in care

View project
Serious-teenage-girl-gestures-as-sits-on-couch-in-school-counselor-office-Mental-health-service-provision-for-children-state-care-England-PROJ
New

Justice | 2020 - 2021

Mental health service provision for children in state care in England

View project
New

Justice | 2020 - 2022

Youth custody: Educational influences and labour market consequences

View project
Empty-street-with-cyclist-and-pedestrian-in-distance-Law-and-compliance-during-COVID-19-PROJ
New

Justice | 2020 - 2021

Law and compliance during COVID-19

View project
In progress

Welfare | 2019 - 2023

Children living with domestic violence: effects on children’s well-being

View project
In progress

Justice | 2019 - 2022

Understanding criminogenic influences on youth offending

View project
In progress

Justice | 2019 - 2021

The Edinburgh Study: causes and impacts of criminal justice pathways

View project
Reported

Justice | Welfare | 2015 - 2018

Bridging the Evidence Gap in Family Proceedings

View project
Reported

Justice | 2016 - 2018

The impact of Litigants in Person on the Northern Ireland court system

View project
Reported

Justice | 2016 - 2017

Transparency and privacy in family courts

View project
Reported

Justice | 2016 - 2019

Implementation of recommendations of the Carlile report

View project
In progress

Justice | 2017 - 2020

Enhancing problem-solving practice in youth court

View project
In progress

Justice | 2013 - 2019

Timely disclosures mean timely interventions for young offenders and victims

View project
Empty-street-with-cyclist-and-pedestrian-in-distance-Law-and-compliance-during-COVID-19-PROJ
New

Justice | 2020 - 2021

Law and compliance during COVID-19

View project
New

Justice | 2020 - 2022

Youth custody: Educational influences and labour market consequences

View project
In progress

Justice | 2019 - 2022

Understanding criminogenic influences on youth offending

View project
In progress

Welfare | 2019 - 2023

Children living with domestic violence: effects on children’s well-being

View project
In progress

Justice | 2019 - 2021

The Edinburgh Study: causes and impacts of criminal justice pathways

View project
In progress

Justice | Welfare | 2019 - 2021

Girls and women with experience of care and the criminal justice system

View project
In progress

Justice | Welfare | 2018 - 2020

The implementation of new rules and guidance for permanent foster care

View project
Woman-carries-daughter-to-council-house-COVID-19-families-low-income-poverty-in-pandemic-PROJ
In progress

Justice | 2018 - 2020

Paths to administrative justice in Wales

View project
In progress

Justice | Welfare | 2018 - 2021

System conditions and welfare inequalities in children’s services

View project
In progress

Justice | Welfare | 2018 - 2020

Looked after children grown up

View project
In progress

Justice | 2017 - 2020

The Mental Health MHTS For Scotland

View project
In progress

Justice | Welfare | 2017 - 2020

Birth fathers’ recurrent appearance in care proceedings

View project
Reported

Justice | Welfare | 2018 - 2019

Pathways of incarcerated children in care

View project
Reported

Justice | Welfare | 2017 - 2018

Visualising data in care proceedings

View project
Reported

Justice | Welfare | 2017 - 2018

Addressing the ‘care cases’ crisis: a sector-led review

View project
Reported

Justice | 2017 - 2019

Immigration judicial reviews

View project
Couple of African descent attends couples counselling to discuss finding fault in divorce
Reported

Justice | Welfare | 2017 - 2020

Pensions on divorce interdisciplinary working group

View project
Siblings play ball in a playground - Siblings Contact and the Law
Reported

Justice | Welfare | 2017 - 2019

Siblings, contact and the law: an overlooked relationship?

View project
Reported

Justice | Welfare | 2017 - 2019

Measuring outcomes for children’s social care services

View project
Reported

Justice | 2016 - 2018

The dissemination of lessons from research to the Judiciary

View project
Reported

Justice | 2016 - 2018

The impact of Litigants in Person on the Northern Ireland court system

View project
Reported

Justice | 2016 - 2017

Transparency and privacy in family courts

View project
Reported

Justice | 2016 - 2019

Implementation of recommendations of the Carlile report

View project
Reported

Justice | Welfare | 2015 - 2016

Feasibility study for research into improving children’s social services

View project
Search projects

We aim to improve people’s lives by funding research that informs social policy, primarily in Education, Welfare and Justice. We also fund student programmes that give young people skills and confidence in science and research.

We are an open, collaborative and engaged funder that offers more than money. Through connecting the individual projects we fund, we strengthen their collective impact and give voice to an overarching narrative.

Profile

COVID-19 response

Nuffield-funded social scientists are conducting COVID-19 research in real-time, to capture people’s experiences of the social, cultural and economic impacts of the pandemic.