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Judicial Review.  

Member rating: 5 out of 10 stars (6 votes) | Words: | Submitted: Thu Apr 08 2004

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INTRODUCTION Judicial Review is the practice whereby courts are able to scrutinise the decision making processes of public authorities and officials. It is a process developed to ensure that the public bodies which exercise law making power or adjudicatory powers are keeping within the margins of their conferred power. The Judges' role is to make sure that the exercise of any power which has been delegated to ministers and administrative and adjudicatory bodies has been lawful according to the power given to that body by the Act of Parliament.1 Therefore, they must ensure that public bodies are acting within their powers, otherwise known as, 'ultra vires'. As long as the body in question has acted within its powers as defined by statute and according to the Common Law rules of natural justice, the body's decision will not be challenged under the public law process of Judicial Review. Factors of preliminary importance when deciding...

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