Judicial Review In English Law
Judicial review is a procedure in English administrative law by which the courts in England and Wales supervise the exercise of public power on the application of an individual. A person who feels that an exercise of such power by a government authority, such as a minister, the local council or a statutory tribunal, is unlawful, perhaps because it has violated his or her rights, may apply to the Administrative Court (a division of the High Court) for judicial review of the decision and have it set aside (quashed) and possibly obtain damages. A court may also make mandatory orders or injunctions to compel the authority to do its duty or to stop it from acting illegally.
Unlike the United States and some other jurisdictions, the English doctrine of parliamentary supremacy means that the law does not know judicial review of primary legislation (laws passed by the Parliament of the United Kingdom), except in a few cases where primary legislation is contrary to the law of the European Union. A person wronged by an Act of Parliament therefore cannot apply for judicial review except in these cases.
Read more about Judicial Review In English Law: Constitutional Position, Procedural Requirements, Grounds For Review, Remedies
Famous quotes containing the words judicial, review, english and/or law:
“Scarcely any political question arises in the United States that is not resolved, sooner or later, into a judicial question.”
—Alexis de Tocqueville (18051859)
“Americans have internalized the value that mothers of young children should be mothers first and foremost, and not paid workers. The result is that a substantial amount of confusion, ambivalence, guilt, and anxiety is experienced by working mothers. Our cultural expectations of mother and realities of female participation in the labor force are directly contradictory.”
—Ruth E. Zambrana, U.S. researcher, M. Hurst, and R.L. Hite. The Working Mother in Contemporary Perspectives: A Review of Literature, Pediatrics (December 1979)
“The French are a logical people, which is one reason the English dislike them so intensely. The other is that they own France, a country which we have always judged to be much too good for them.”
—Robert Morley (b. 1908)
“The law is not a light for you or any man to see by; the law is not an instrument of any kind. The law is a causeway upon which so long as he keeps to it a citizen may walk safely.”
—Robert Bolt (19241995)