Scope May have right of appeal in tribunal, court or minister.

Can substitute view for that of original decision-maker 'Not concerned with merits' Laws LJ in Fewings Concerned only with legality of decision not correctness or merits Courts willing to accept limits Appeal Scope + Intensity Intensity

Expanded radically Increased

Principle that courts may not interfere merely because they disagree. Review Appeal vs Review Judicial regulation not only way in which good government pursued Dicey Practical - many other agencies that may play a role, 'all of which are more likely than the courts to address the substance, rather than the technicalities, of discretion abused'.

Appellate bodies specically given power, whereas power of courts is not explicitly conferred

Keyed into doctrine of parliamentary sovereignty Expansionist Substantive Requires courts to look at content of decisions Jurisdiction Legitimate Expectation Proportionality Hard to maintain in recent years Distinction

Trends in Judicial Review

'Ordinary Law' Is More Judicial Review a Good Thing? Lord Mustill - Fire Brigades Union Explanation for Expansion disputed - Arthurs

Parliament has legally unchallenable right to make whatever laws it thinks right The courts are required on occasion to step into the territory which belongs to the executive However, remedies have on occasion been perceived as falling short of what is needed to bring performance of executive into line with law It is the task of Parliament and the executive in tandem, not of the courts, to govern the country. Avoids a vacuum Ministerial accountability severely weakened Grew in climate of rise of rights-based culture

Pluralistic approach - 'legal-administrative response' shaped by contexts - a 'largely autonomous systems' 'The legislature should clearly have, and periodically utter, the last word' Ensuring tribunals perform tasks Three main functions for judicial review Protecting transcendent constitutional values Enforcing delity to distinctive 'law' of tribunal.

Ideological objection

Grith

Judges cannot be politically neutral because forced to make political choices that are inevitably aected by narrow demographic

Tomkins

More attention should be given to reinvigorating the capacity of parliament.