ABSTRACT
This is a much more subtle and searching question than the previous one. It requires a consideration of modern forms of law, the rule of law, the constitutional role of the judiciary, as well as a knowledge of the procedure for judicial review. Consideration of the following will cover the above points well:
• the development of administrative law; • the tension between the exercise of discretionary power and the rule of
law; • judicial review as the courts’ means of curtailing abuse of discretion; • the grounds for judicial review; • the possibility of the doctrine of ‘proportionality’ as the means of
extending judicial review in the area of substantive administrative decisions;
• judges’ competence to make policy decisions; • the constitutional situation of the judiciary.
