English Constitution

Running head : ENGLISH CONSTITUTION[Student s Name][University]IntroductionThe post of the courts and government in juridic refresh is to ensure that Public authorities bend equityfully all such authorities be number to the rule of law and are non permitted to act `radical vires (beyond their powers . The power that government has comes from powers granted to that authority by jurisprudence or delegated legislation . The humankind Rights exploit 1988 (HRA ) created an additional primer coat s6 (1 ) making it unlawful for man 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 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 unauthorised by the law , or was beyond the stage setting of the power given to the close overlord by the law (Sunstein , 2001Limitations of Judicial ReviewJudicial review is limited to the examination of executive decision 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 private rights of the various(prenominal) 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 to a greater extentover . 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 180 that the council had acted unfairly and had failed to exercise their statutory power lawfullyThe native Purpose 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 observe and no power of the Court which is more important to enforce , than its power of keeping public bodies at bottom 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 p47a 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 across-the-board to private bodies which...If you want to get a full essay, rove it on our website: Ordercustompaper.com

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