ABSTRACT

Judicial review represents the means by which the courts control the exercise of governmental power. Government departments, local authorities, tribunals, state agencies and agencies exercising powers which are governmental in nature must exercise their powers in a lawful manner. Judicial review has developed to ensure that public bodies which exercise law making power or adjudicatory powers are kept within the confines of the power conferred. In one sense, therefore, judicial review is relevant to most aspects of the constitution. The Human Rights Act 1998 extends the scope of judicial review in that any failure on the part of a public body to respect human rights will be subject to review by the courts.