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Constitutional and Administrative Law

Constitutional and Administrative Law (11th edn)

Neil Parpworth
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date: 04 December 2023

p. 27713. The nature of judicial reviewlocked

p. 27713. The nature of judicial reviewlocked

  • Neil ParpworthNeil ParpworthAssociate Professor in Law, De Montfort University


Judicial review is a procedure whereby the courts determine the lawfulness of the exercise of executive power. It is concerned with the legality of the decision-making process as opposed to the merits of the actual decision. Thus it is supervisory rather than appellate. Emphasis is also placed on the fact that the jurisdiction exists to control the exercise of power by public bodies. This chapter discusses the supervisory jurisdiction of the courts, procedural reform, the rule in O’Reilly v Mackman, the public law/private law distinction, collateral challenge, and exclusion of judicial review. The procedure for making a claim for judicial review under the Civil Procedural Rules (CPR) 54 is outlined.

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