Judicial Review Essay Example | Topics and Well Written Essays - 2500 words

juridical Review - Essay ExampleWho leave alone then protect the ordinary citizen from suffering from the wrath of the angry Queen of Hearts and give them a chance to have their cases reconsidered and to achieve procedural and substantive justiceOur saviour is of course the remedy of Judicial Review which has become more of an eye sore to the Executive in the yester decades as the Judiciary continues to cave in and balance an unruly, highly political executive particularly after the new Constitutional Reform conduct 2005 and the not so new-made Human Rights Act 1998 which seems to have absorbed in the veins of judicial activism and recent case law with much ease.This Paper explores the process of judicial review of administrative action in the United queerdom in the context of its constitutional significance. ... migration and Terrorism law post 9/11 and 7/7).Although there have been attempts to circumvent the scope and effect of the doctrine of Judicial Review in the past ( An isminic Ltd. v. Foreign Compensation Commission2) ,the most recent has been the notorious ouster clause in the initiation and Immigration (Treatment of Claimants) Bill which has provoked an outcry from the human rights lobby and the constitutional law experts. Also monumental is the role of the Human Rights Act 1998 which has to some extent resolved the debate whether judicial review should be ground on common law or statute.3 Power must be Checked by Power4The constitutional basis of Judicial review lies in the concept of checks and balances where as the actions of the members of the executive will be checked by the Judiciary to see whether they have gone beyond their power to prevent the haughty abuse of power. Traditionally the English approach to a systematisation of judicial review was remedial based and thus similar to the development of the prerogative writs5 which developed as personal requests by an individual to the King for the redressal of a wrong suffered by another individual.6The UK has no separate system of administrative courts (and the concept neer found favour with the system either eversince the abolition of infamous prerogative Star Chamber).Thus the present administrative review system of England can be described as a body that combines both a substantive body of law containing grounds of review and a large number of administrative tribunals dealing with statutory appeals from decisions of public bodies. The subject of judicial review of administrative action thus requires a banter of the role of the courts in devising and applying constraints to the exercise of