The role of the courts in judicial review is to ensure that habitual government bring legalityfully; all such authorities are subject to the rule of law and are non permitted to act ?ultra vires? (beyond their powers). The power that authorities have comes from powers given(p) to that authority by statute or delegated legislation. The Human Rights typify 1988 (HRA) created an additional ground s6(1) making it unlawful for public bodies to act in a way that is incompatible with the European design on Human Rights. (ECHR)Since the seventeenth century, in the Case of Monopolies 1602 77 ER 1260 the courts have claimed the authority to inquire into the extent and limits of the bloom?s common law prerogative powers. Since 1700, the role of the courts in reviewing administrative and judicial ends has been explained on the basis of the rule of law whereby any Act or stopping point was invalid because it was in breach of or unauthorised by the law, or was beyond the scope of the power given to the decision maker by the law.
Judicial review is limited to the examination of executive decision and delegated decision; it is a constitutional function of the in high spirits chat up to ensure that public bodies do non act unlawfully.
It acts not in put to work overher to give effect to any common soldier rights of the individual who made the application but in order to fulfil the role. It is the examination of a legal decision by a public body and it is not an appeal whereby a decision maybe substituted but a review of that decision only. Judicial review is only concerned with the lawfulness and not with the merits of a decision. Attorney General v Fulham Corporation, ex relatione Yapp [1921] whereby the High Court granted a declaration that the council had...
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