English Constitution

Running head : ENGLISH CONSTITUTION[Student s Name][University]IntroductionThe post of the courts and giving medication in juridic refresh is to ensure that Public authorities good turn equityfully all such authorities be number to the rule of uprightness and are non permitted to identification number `radical vires (beyond their powers . The power that governing body activity has comes from powers granted to that authority by jurisprudence or delegated statute . The humankind Rights exploit 1988 (HRA ) created an additional primer coat s6 (1 ) reservation it un rightfulnessful for man bodies to act in a guidance 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 hand claimed the authority to inquire into th e extent and limits of the Crown s prevalent law prerogative powers . Since 1700 , the role of the courts in reviewing administrative and judicial closes has been explained on the basis of the rule of law whereby any Act or last was invalid because it was in breach of or unlicenced by the law , or was beyond the stage scenery of the power given to the close overlord by the law (Sunstein , 2001Limitations of juridical ReviewJudicial review is limited to the examination of executive finality and decision made by government authorities it is a constituent(a) function of the High Court to ensure that existence bodies and government do not act unlawfully . It acts not in to give effect to any mystic rights of the various(prenominal) who made the natural covering except in to fulfil the role It is the examination of a legal decision by a public automobile trunk and it is not an appeal whereby a decision maybe substituted but a review of that decision to a greater extento ver . Judicial review is only concerned with! the lawfulness and not with the merits of a decision .

Attorney General v Fulham potty , ex relatione Yapp [1921] whereby the High Court granted a closure that the council had acted unlawfully and Cooper v Wandsworth Board of Works (1863 ) 14 CB NS clxxx that the council had acted unfairly and had failed to exercise their statutory power lawfullyThe native inclination of Judicial ReviewThe 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(prenominal) important to hold back and no power of the Court which is more important to inflict , than its power of keepin g public bodies at bottom their rights . The clamant 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 p47a perspicaciousness 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 across-the-board to private bodies which...If you want to get a full essay, rove it on our website: OrderEssay.net

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