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Describe and explain the public private law divide as it applies in judicial review and consider whether it makes any sense or whether it is an unnecessary concept that creates unnecessary confusion and difficulty. When considering judicial review it is important to understand its scope and how it applies. Unlike most legal issues encountered today, judicial review does not remain constant throughout the United Kingdom, as it has different legislative basis in England and Wales than it does in Northern Ireland. The judicature act NI 1798 and order 53 RSC (NI) 1980, which received royal assent on 30th June 1978, set out the various methods for dealing with constitutional, jurisdictional and procedural matters. This in effect meant an entirely new legal body was created for administrative purposes, (the NI court service est. 18th April 1979). This act effectively created what we now consider to be judicial review. It created...

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