Judicialreview is that the legal method through that a man could challenge the lawfulnessof the manner within which any of those powers has been used1. ^itapplies all public bodies, together with courts and councils apart from Parliament.Judicial review cases are set by the Administrative Court of the Queen’s BenchDivision of the state Supreme Court.
Judicial review is available when the authorityhad acted either ultra vires (beyond its powers) or in breach of rules ofnatural justice (the common law rules of procedural fairness). The human rightsAct 1998 has added a further measurement to judicial review by making extra groundsfor challenge. Inthe GCHQ case Lord Diplock identified three principles ground of judicialreview. They are illegality, irrationality, and procedural impropriety. It’s notjust what was describe in the GCHQ case, it has been expand. This assignment willconsider the concept of illegality provides major ground for bringing ajudicial review.
The sound behind the requirement for the assurance of thereasonable grounds of judicial review is, consequently, to delineate the limit wherejudicial review might be accessible to challenge administrative decisions2. Thefollowing paragraphs will considered more details about the concept the wayillegality provides a major ground for bringing a judicial review and theimportance of the convention rights as a form of illegal. And also how was the reasonablenessreferred to as the ‘wednesbury test’ and requirement of both procedural ultravires and the rules of natural justice.
Asthe first ground of review, Illegality means that the decision maker mustcorrectly apply the law that confers his power. Second, Irrationality meansthat the decision must not be unreasonable. And third, procedural improprietymeans that breach of the rules of natural justice and failure to comply withstatutory procedural requirement3. Judicialreview is a mechanism to guarantee the responsibility of executive power withinthe constitution. As such, it enable the courts to manage on the legality ofhow executive powers are exercised. It is vital to take note of that judicialreview is a challenge to the procedure by which the decision was made, ratherthan the decision itself.
The question is not whether the decision itself wascorrect, but whether the powers given to the decision-making body were usedcorrectly. Clearly a party will only seek judicial review when they are unhappyabout the original decision but, nevertheless, this remains an importantdistinction4.1 Alexcarroll2 http://www.abyssinialaw.com3Constitutional and administrative law 10th edition 4Law Express: Constitutional And Administrative Law Fifth edition Chris Taylor