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Judicial review is a part of UK constitutional law that enables people to challenge the exercise of power, usually by a public body. A person who contends that an exercise of power is unlawful may apply to the Administrative Court (a part of the King's Bench Division of the High Court ) for a decision.
Following the Datafin case, such decisions are now amenable to judicial review by courts. In the later case of R v Panel on Takeovers and Mergers, ex parte Guinness plc, [1] the judicial authority of the Panel was tested further in respect of the manner in which it handles investigations into breaches of the City Code on Takeovers and Mergers.
In the United States, judicial review is the legal power of a court to determine if a statute, treaty, or administrative regulation contradicts or violates the provisions of existing law, a State Constitution, or ultimately the United States Constitution.
In the United States, the principle of “judicial review” — the concept that the courts can determine if actions by the executive o r legislative branches are unconstitutional — is over 200 ...
Lord Diplock held that any prerogative power which impacted on a person's "private rights or legitimate expectations" was amenable to review, while Lords Fraser and Brightman held that only powers delegated from the monarch could be subject to judicial review as a candidate for such a review as the powers in question had been delegated from the ...
Attorney-General (2013) [82] that if the power exercised by a body has a legislative source, this will "ordinarily mean that it is amenable to judicial review in the absence of compelling reasons to the contrary". [83] However, this is not an invariable rule, and there are situations in which a statutory power is not amenable to judicial review.
Judicial review is one of the checks and balances in the separation of powers—the power of the judiciary to supervise (judicial supervision) the legislative and executive branches when the latter exceed their authority. The doctrine varies between jurisdictions, so the procedure and scope of judicial review may differ between and within ...
Judicial review, Supervisory jurisdiction West v Secretary of State for Scotland 1992 SC 385 is a Scots administration law case dealing with judicial review . [ 1 ] In its decision, the Inner House laid down the defining principles of judicial review in Scotland and the test for invoking the Court of Session 's jurisdiction.