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Review Your SQE 1 Practice Records

Examination Timing: 00H01M03S

As applied to secondary legislation, the term 'judicial review' means?

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Judicial review is a process by which the courts examine the lawfulness of actions or decisions made by public bodies, including the making of secondary legislation. This process ensures that secondary legislation is compliant with the law and that it does not exceed the powers granted by the enabling Act. Judges do not draft legislation or resolve parliamentary disputes, and judicial review does not involve pre-legislative scrutiny or amendments. 

Key Point: Judicial review is a critical check in the legal system, ensuring that secondary legislation is created within the bounds of legal authority and respects the rights and principles of the rule of law.

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