I’m currently studying law and doing a lot of writing up of notes. So here’s a write up of my notes of Judicial Review.

Introduction

“judicial review is the exercise of the court’s inherent power at common law to determine whether action is lawful or not, in a word to uphold the Rule of Law.”

Simon Brown J, R v HM the Queen in Council, ex parte Vijayatunga [1988] QB 322.

Judicial Review (JR) is the mechanism for supervising and controlling the use of State power by public bodies, by way of the High Court. JR is not concerned with whether the decision being reviewed was right or wrong, but is instead concerned only with whether the decision was made correctly by the correct person. JR is not an appeals process and does not provide the courts with the power to substitute its own decision or judgement in place of the one being reviewed (doing so would be a breach of the doctrine of separation of powers and would be contrary the purpose JR). JR has widened in scope over the last century as a result of the increased size of Government and the increased volume of regulation/legislation.
Continue reading