ABSTRACT
This chapter explains the constitutional role and purpose of judicial review. 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. Judicial review is concerned with the decision-making process rather than the merits of the decision, and provides a discretionary remedy, which requires the decision maker to reconsider the matter in accordance with the correct procedure. An application for judicial review under the Human Rights Act may only be made by a victim, or potential victim, of an allegedly unlawful act.
