The Importance of Judicial Review of Administrative Action as a Safeguard of Individual Rights


Judicial review is the principal mechanism used by the courts to police the exercise of public law functions.  This is a constitutionally important aspect of English law.  It seeks to ensure that bodies exercising public law functions act lawfully and fairly and do not abuse their powers.

There are a number of common misconceptions about judicial review.  It is important to be aware that:

  • judicial review is not concerned with the merits of decisions.  It focuses on the process by which decisions were made and actions taken;
  • judicial review is not confined to reviewing the decisions of public bodies.  Any party exercising a "public function" may be subject to judicial review proceedings.


7 pages.