GDL: Flashcards for the Justifications of Judicial Review
ANALYSING THE PROBLEM What is the power given by the legislation Who can exercise the power? When does the power arise? What is the purpose of the power How should power be operated? How has the power been operated? JUSTIFICATIONS OF JUDICIAL REVIEW Traditional: P. Supremacy upholds will of Parliament P granted public bodies power JR ensures those bodies not exceed powers granted illegality Separation of Powers Checks and balances ensures Exec stays within the law Legality - of decision, not the merits of the decision, proportionality Non-justiciable prerogative powers No higher power can control legislation, JR is required Rule of Law Dicey : equality before law, absence of arbitrary power, genuine discretion of powers ( fettering of discretion ) Bingham : human rights, JR on human rights grounds JUSTIFICATIONS OF JUDICIAL REVIEW Critique of Traditional: Parliamentary Supremacy Intention of Parliament cannot...
