Question: Judicial Review is concerned not with the decision but with the decision making process. Explain and evaluate this statement.
Answer: Judicial Review (JR) is a core element of administrative and public law. It is not available for private law disputes. JR is purely a judicial creation that was created by the courts themselves to control the activities of the government or local bodies through the application of flexible principles developed by the court e.g. the principle of reasonableness and fairness through case law. They are concerned with the decisions of any public body and want to ensure that the public body involved has not used its powers illegally or unfairly and has acted within the law. A public body is any emanation of the state e.g. local authorities, ministers, the Government, state controlled schools and immigration, or a non statutory body performing public functions under a statutory power conferre......(short extract)
To download the full answer, please Sign in or Register then make a payment or submit coursework.
Details: - Mark: 67% | Course: Public Law | Year: 1st | Words: 2542 | References: Yes | Date written: Not available | Date submitted: September 29, 2008 | Coursework ID: 9
