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. The comprehensive and excellent explanatory guide to the procedures and practice relating to judicial review process was published by HM Court and Tribunals service and is available on its website. The guide brings together all relevant statutory provisions, rules of procedure, practice directions, and case law on procedural aspects of judicial review. The difference between the operation of rhetoric in the ancient world and its use by the judiciary today is that, whereas in the ancient world it was used as a means of persuading an audience to reach a particular decision, its contemporary role is that of justifying the decision that the judge has taken.