ABSTRACT
Judicial review examines the legality of actions of the executive. Hence it represents the means by which the courts may control the exercise of governmental power. The process of judicial review is therefore procedural in nature and determines whether a public body has acted within its powers or outside of its powers. If a body is determined to have acted intra vires its decision is not open to challenge under the process of judicial review. There is no single test to identify a public body and the courts will examine a number of factors. Sometimes the courts are called upon to judicially review matters of government 'high policy' and these cases are always controversial. This is because the outcomes of such cases can directly or indirectly affect the lives of thousands upon thousands of people and because they acutely remind us that the courts have duty to be respectful of the policy aims and motivations of a democratically elected government.
