ABSTRACT

A provision of an Act of Parliament which seeks to restrict or eliminate judicial review will not find favour with the courts. In R v Medical Appeal Tribunal ex p. Gilmore,5 Lord Denning stated that it is

very well settled that the remedy by certiorari is never to be taken away by any statute except by the most clear and explicit words. Lord Denning here is affirming in favour of the courts the presumption

against restricting the supervisory powers of the courts. The courts will also not allow the rule of law to be tampered with, espe-

cially by administrative authorities and tribunals. Thus to provide in an Act of Parliament that a decision or order shall be final or shall be final and conclusive to all intents and purposes will be considered as limiting judicial control. The courts will not have that. As Lord Denning said,6

Parliament only gives the impress of finality to the decisions of the tribunal on the condition that they are reached in accordance with the law .... If tribunals were to be at liberty to exceed their jurisdiction without any check by the courts, the rule of law would be at an end.