ABSTRACT
Body/decision The fundamental question of what bodies are subject to judicial review is in such a state of confusion and uncertainty as to render it a prime area for a question in the examination. Judicial use of the prerogative orders of mandamus, certiorari and prohibition is discretionary and it is the judges themselves who set the limitations and direction of judicial review. Thus in recent important cases Lord Denning’s famous phrase, ‘be you never so high, the law is above you’ has been applied by the House of Lords both to the Foreign Secretary (R v Secretary of State for Foreign and Commonwealth Affairs ex parte World Development Movement (1994) (Pergau Dam Case)) and the Home Secretary (R v Secretary of State for the Home Department ex parte Fire Brigades Union (1995)). Yet in R v Parliamentary Commissioner for Administration ex parte Dyer (1994) the inquiry and report of the Ombudsman was held by judges to be immune from review.
