Consitution Essay

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standi: •By Order 53, an application for judicial review shall be made promptly, and in any event within three months from when grounds for the application first arose, unless there is good reason for extending the period. •At the stage when leave is sought for an application for judicial review, the court must not grant leave 'unless it considers that the applicant has a sufficient interest in the matter to which the application relates' (s31(3) of the Supreme Court Act 1981). The leading case on locus standi is: R v Inland Revenue Commissioners, ex parte NFSSB (1982). Judicial review, now regulated by RSC, Ord. 53, provides the means by which judicial control of administrative action is exercised. The subject matter of every judicial review is a decision made by some person (or body of persons) whom I will call the "decision-maker" or else a refusal by him to make a decision ."Judicial review is different from an appeal. The distinction is that an appeal is concerned with the merits of the decision under appeal while judicial review is concerned only with the legality of the decision or act under review. GROUNDS FOR JUDICIAL REVIEW In the GCHQ Case (1985), Lord Diplock classified the grounds on which administrative action is subject to judicial control under three heads, namely, 'illegality', 'irrationality', and 'procedural impropriety'. He also said that further grounds may be added as the law developed on a case-by-case basis. (A) ILLEGALITY Illegality as a ground for judicial review means that the decision-maker must understand correctly the law that regulates his decision-making power and must give effect to it. Whether he has or not is a question to be decided in the event of dispute by judges.This would mean that when a power vested in a decision-maker is exceeded, acts done in excess of the power are invalid as being ultra vires

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