This paper examines one of the key checks and balances in the UK constitution – judicial review, the process by which individuals and groups can challenge the lawfulness of a public body’s decision. It looks at who is being taken to court, and how often, and then examines justifications for the criticisms levelled at judicial review and considers its effect on policy making.

The paper then sets out what both officials and ministers can do to improve how legal advice is used in policy making, and how they should view the role the courts play in making policy better.