English Constitution

Running head : ENGLISH CONSTITUTION

English Constitution

[Student 's Name]

[University]

Introduction

The role of the courts and government in judicial review is to ensure that Public authorities act lawfully all such authorities are subject to the rule of law and are not permitted to act `ultra vires (beyond their powers . The power that government has comes from powers granted to that authority by statute or delegated legislation . The Human Rights Act 1988 (HRA ) created an additional ground s6 (1 ) making it unlawful for public bodies to act in a

way that is incompatible with the European Convention on Human Rights (ECHR )Since the seventeenth century , in the Case of Monopolies 1602 77 ER 1260 the courts have claimed the authority to inquire into the extent and limits of the Crown 's common law prerogative powers . Since 1700 , the role of the courts in reviewing administrative and judicial decisions has been explained on the basis of the rule of law whereby any Act or decision was invalid because it was in breach of or unauthorised by the law , or was beyond the scope of the power given to the decision maker by the law (Sunstein , 2001

Limitations of Judicial Review

Judicial review is limited to the examination of executive decision and decision made by government authorities it is a constitutional function of the High Court to ensure that public bodies and government do not act unlawfully . It acts not in to give effect to any private rights of the individual who made the application but in to fulfil the role It is the examination of a legal decision by a public body and it is not an appeal whereby a decision maybe substituted but a review of that decision only . Judicial review is only concerned with the lawfulness and not with the merits of a decision . Attorney General v Fulham Corporation , ex relatione Yapp [1921] whereby the High Court granted a declaration that the council had acted unlawfully and Cooper v Wandsworth Board of Works (1863 ) 14 CB NS 180 that the council had acted unfairly and had failed to exercise their statutory power lawfully

The Primary Purpose of Judicial Review

The primary purpose of judicial review was summarised by Lord Lindley MR in Roberts v Gwyrfai District Council [1899] 2 CH 608 , 614

I know of no duty of the Court which is more important to observe and no power of the Court which is more important to enforce , than its power of keeping public bodies within their rights . The instant public and government bodies go beyond their constitutional rights they act so to damage and domination of private persons , and those individuals are allowed to be protected from harm arising from such operations of public bodies (Sunstein , 2001 p47

a judgment made by some person or government body whom I shall name the `decision maker ' or else a refusal by him to make a decision ' In latest years judicial review has extended to private bodies which...