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Exploring the Constitution

What is Judicial Review?

This is the process by which individuals or organisations can question whether a decision or action of a public body which has affected them is lawful and is important in making sure that Government operates within the rule of law. 

A case needs the approval of the High Court before it can be considered and, while the Court has been liberal in interpreting who has an interest in the decision, it may decide that there are other processes that can be gone through to challenge the decision or that the appeal is too long after the decision.

The court will look at the process of reaching a decision rather than the merits of the final decision as such. 

Decisions made in Parliament cannot be questioned by the courts because of the doctrine of Parliamentary Supremacy 

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