ABSTRACT
The popular perception of the judicial process is described by David Kairys as government by law, not people, together with the understanding that law is separate from, and superior to, politics, economics, culture and the values and preferences of judges. It is only on the basis of the non-existence of distinct and strictly applied principles of legal reasoning that the existence of judicial creativity and the possibility of judicial bias come into consideration. Judicial review allows those aggrieved by the decisions of public bodies to challenge those decisions in the Administrative Court. Technically a judicial review is brought by the Crown, on the application of the claimant, to ensure that powers are being properly exercised. The judicial review procedure is governed by Civil Procedure Rules Part 54 and associated practice directions. In addition, the Administrative Court has produced an extremely helpful guide to the judicial review procedure.
