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2. the law relating to judicial review has now reached the stage where it can be said with confidence that, if the subject matter is justiciable, that is to say if it is a matter on which the courts can adjudicate, the exercise of the power is subject - Essay Example

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Judicial review of the legality of acts of the executive represents the central method by which courts control exercise of governmental power; which in turn operates as a central underlying facet of the separation of powers principle propounded as a fundamental constitutional…
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2. the law relating to judicial review has now reached the stage where it can be said with confidence that, if the subject matter is justiciable, that is to say if it is a matter on which the courts can adjudicate, the exercise of the power is subject
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"2. the law relating to judicial review has now reached the stage where it can be said with confidence that, if the subject matter is justiciable, that is to say if it is a matter on which the courts can adjudicate, the exercise of the power is subject"

Download file to see previous pages Accordingly, the preservation of separation of powers is essential as a check on autocratic power.
As such, the doctrine of judicial review is theoretically vital in serving as a testament to the independence of the judiciary in its role under the fundamental constitutional separation of powers in ensuring that public bodies, such as government departments, local authorities, tribunals, agencies have not acted ultra vires5. Moreover, the ultra vires doctrine is cited as the first principle of natural justice and the rule of law that public bodies are required to act within the scope of the powers allocated to them by Parliament6.
The incorporation of the European Convention of the Human Rights (implemented through the Human Rights Act 1998) further requires judicial review to ensure that public authorities do not “act in a way which is incompatible with a convention right7”. Indeed, Doctor Yardley asserts that judicial review is “the ultimate safeguard for the ordinary citizen against unlawful action by …….the more powerful administration8”.
In general terms, illegality or ultra vires is applicable where a body has acted beyond its powers9: “The simple proposition that a public authority may not act outside its powers (ultra vires) might fitly be called the central principle of administrative law10”. When a power vested in a public authority has been exceeded, acts done in excess of the power are regarded as invalid as being ultra vires11. The ultra vires doctrine is not applicable to question the validity of the act itself, it simply applies as a control mechanism to ensure that the powers given to the public body under the relevant legislative measure are not exceeded.12
However contention has remained as to the concept of justiciability and the constitutional limits of judicial review. Alternatively it ...Download file to see next pagesRead More
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