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Judicial Review

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Public Law Coursework The main basis for Judicial Review is Ultra Vires, which is a way of ensuring that public bodies exercising law making or adjudicatory powers are kept within the powers conferred by Parliament to them. Lord Greene further developed the grounds for Judicial Review to include a failure to perform a statutory duty. In situations where a public authority "had made a decision...so unreasonable that no reasonable authority could ever have come to it, then the courts could interfere1" The term "unreasonable" in this quote would be treated as a separate ground to attack the decisions of public bodies where individuals feel they have exceeded their parliamentary powers. The courts have now realised that when the Wednesbury Principles are applied to cases involving human rights, they are not always suitable and in some cases inadequate. In the case of CCSU v. Minister for the Civil Servants2, Lord Diplock...

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